H1B Visa clock reset

[esk]

Hi,

I have a question on H1B visa clock reset. I had h1B visa valid until aug 2013. I travelled to India on Mar end 2013 for personal reasons and could not go back immediately.
I haven't started the process for GC. I have consume visa during Nov-2005 to March -2013. In between, from june -2008 to dec 2009, I was in India (More than a year).

Now, If i have to go back. will I still claim the remaining period of my old visa? will I get just that remaining period of 5 months? My employer have asked me to wait for an year so that the clock would get reset and should be able to extend more that 5 months later? will it be possible?

If I have to apply for new H1B visa to get 6 years.. will I be eligible to apply by next year April 2014?

Please help.

thanks,
esk

[raghvi]

Hi,

I have a question on H1B visa clock reset. I had h1B visa valid until aug 2013. I travelled to India on Mar end 2013 for personal reasons and could not go back immediately.
I haven't started the process for GC. I have consume visa during Nov-2005 to March -2013. In between, from june -2008 to dec 2009, I was in India (More than a year).

Now, If i have to go back. will I still claim the remaining period of my old visa? will I get just that remaining period of 5 months? My employer have asked me to wait for an year so that the clock would get reset and should be able to extend more that 5 months later? will it be possible?

If I have to apply for new H1B visa to get 6 years.. will I be eligible to apply by next year April 2014?

Please help.

thanks,
esk

H1 is for 6 Years if you have used up 67 Months of stay in US (from Nov 2005-March 2013 ) of these 72 Months then you will get extension only for 5 Months even if you stay out of US for more than 1 Year. In order to get fresh 6 Years term you have to apply for a new H1 petition after completing 1 Year outside US stay.

As you left US in March 2013, if you apply in April 2014, and if approved, you will get H1 for 6 years, this H1 start date can only be 01-Oct-2014 or later.

This is my opinion not legal advice.

[kabkaba]

In order to get fresh 6 years the petition will have to be filed subject to annual cap (April-October cycle) and it must be filed after spending 1 continuous year abroad.