Question regarding H1 clock reset and GC

[bhagwaro]

Hi All,

I am currently working on H1-B and have used up 4 yrs and 2 months on H1-B.

I have been with the current employer for 5 months now. Employer says, they can't initiate my GC process now. I need to work few more years with the current company and then they will consider sponsoring my GC. So as of now, they are asking me to spend a year outside US (at an international office of the same company) and then come back to US.

My question is:
Can I leave US now in Feb 2013, come back to US in Feb 2014 on old H1-B and stay in the US for another 6 years/apply for GC then (by switching to a new H1 in Oct 2014)?
OR
Do I need to stay outside US till October 2014 and come back on H1 in order to be eligible to stay in US for another 6 years?

Thanks in advance.

[raghvi]

Hi All,

I am currently working on H1-B and have used up 4 yrs and 2 months on H1-B.

I have been with the current employer for 5 months now. Employer says, they can't initiate my GC process now. I need to work few more years with the current company and then they will consider sponsoring my GC. So as of now, they are asking me to spend a year outside US (at an international office of the same company) and then come back to US.

My question is:
Can I leave US now in Feb 2013, come back to US in Feb 2014 on old H1-B and stay in the US for another 6 years/apply for GC then (by switching to a new H1 in Oct 2014)?
OR
Do I need to stay outside US till October 2014 and come back on H1 in order to be eligible to stay in US for another 6 years?

Thanks in advance.

In order to get Fresh 6 Years H1 you have to apply for new H1 in that years Cap after spending 1 Full Year outside US. So if you leave US in Feb 2013, you should apply fresh H1 only after Feb 2014, that is in 2014 Cap which will open in April 2014 and the start date can only be 01-Oct-2014 or later.

This is my opinion not legal advice.