Policy for 1 year stay outside US (L1 to H1)

[comson82]

Hi All,

I was in the US for 2 yrs 10 months on L1B visa from Feb 2010 to Nov 2013.
After coming back to India I applied for H1B visa in Apr 2014 and my application has been selected in lottery.
If my H1 is approved, the tentative visa start date would be 1 Oct, 2014. However I will be travelling to US during Dec 2014.
In this scenario I would have stayed more than 365 days outside US. Will this count for the 1 year stay outside US and make me eligible for 6 yrs stay with my new H1? Request genuine response based on personal experience.

Here is the scenario
L1:
US Entry: Jan 30, 2010
US Exit : Nov 28, 2013

H1(If approved)
US Entry: Tentatively Dec 1, 2014

[raghvi]

Hi All,

I was in the US for 2 yrs 10 months on L1B visa from Feb 2010 to Nov 2013.
After coming back to India I applied for H1B visa in Apr 2014 and my application has been selected in lottery.
If my H1 is approved, the tentative visa start date would be 1 Oct, 2014. However I will be travelling to US during Dec 2014.
In this scenario I would have stayed more than 365 days outside US. Will this count for the 1 year stay outside US and make me eligible for 6 yrs stay with my new H1? Request genuine response based on personal experience.

Here is the scenario
L1:
US Entry: Jan 30, 2010
US Exit : Nov 28, 2013

H1(If approved)
US Entry: Tentatively Dec 1, 2014

I dont think you would be eligible for fresh 6 Years as I believe the law says one should file the fresh H1 petition after having completed 1 Year period of stay outside US. As you filed H1 petition before having completed the 1 Year stay your clock would not be reset.

This is my opinion not legal advice.

[comson82]

Thank you!

Thanks for your response Raghvi..