L1b H1b Clock Reset Question

[bennyandy]

HI All,

Thanks for your time.

Here is my case:
1. L1b stay in US from 1/2011 to 12/2012
2. Left US in 12/2012
3. Applied new H1b under quota in 4/2013
4. Travelled to US in 9/2014 in new H1b till now

I got 2 different answers regarding to clock reset:
1. Clock will reset - As I have outside US for more than 1 year.
2. Clock will not reset - As I applied H1b in 4/2013 which is less than 1 year from 12/2012(The time I left US).

Please advise. Thanks much.

Regards,
Ben.

[samlynn]

clock not reset

The clock did not reset. You were not out of the country for more than a year before filing for H1B.

[shervin143]

What is the effective date of the approved H1B? If it is before 12/2013, then your clock did not reset. In order for the clock to reset, you should have done one of the following.

1) Filed a brand new H1B that is subjected to CAP after spending 365 days outside U.S (Which is not the case here).
2) Filed a brand new H1B that is subjected to CAP, but request the H1B start date to be after 1 years from your exit date from U.S, which is 12/2013. If your H1B effective date was Oct 1st 2013, then your clock did not reset.