Q: H1-B to TN to H1-B - please help

[mdn999]

Hi,

I had been on H1B from 2002 to 2007 (5 years) and then switched to TN from 2007 to 2015(8 years). My employer is trying to file for H1-B as part of GC processing. I haven't stayed out of the country for 365 days. My question is when does the clock resets for H1-B? is it only when you stay out of the country for 365 days or after certain number of years even if you stay within the country on a different visa. If approved, am I going to get a new 3 years or balance of unused 6 years??

Any valid information on this is highly appreciable.

Regards

[raghvi]

Hi,

I had been on H1B from 2002 to 2007 (5 years) and then switched to TN from 2007 to 2015(8 years). My employer is trying to file for H1-B as part of GC processing. I haven't stayed out of the country for 365 days. My question is when does the clock resets for H1-B? is it only when you stay out of the country for 365 days or after certain number of years even if you stay within the country on a different visa. If approved, am I going to get a new 3 years or balance of unused 6 years??

Any valid information on this is highly appreciable.

Regards

Clock will reset only if you stay out of US for 365 Days.

This is my opinion not legal advice.