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H1B Reinstatement + Clock Reset
Hi,
This forum has been really helpful in covering quite a few topics and queries the answers to which aren't easily accessible. I would like to know your thoughts on my scenario mentioned below:
I got my 1st H1B Visa in October 2008 on which I worked till August 2009 (11 months) after which I returned to India and joined another company. I went on an L1 to the US with this company in May 2012 and returned back to India in July 2015 (3 years 2 months).
I understood from this and similar forums that even though it has been more than 6 years since my H1B was issued, if I were to apply for a cap-exempt reinstatement the USCIS is to likely to approve the application.
I had a couple of questions:
• Would my years in the US on an L1 reduce my remaining H1B years, leaving me with a possible (6yrs - 11 mths - 3yrs 2mths) 1 year 11 months of work on the reinstated visa or would they not be counted?
• If I were to apply for a reinstatement after August 2016, would the clock be reset on the cap-exempt H1B and if so how many years would I have remaining?
• When should I apply for a new H1B visa in order to be able to work for the full 6 years with a clock reset? Is the time of reset counted till the time of application (April 2016) or when the H1B becomes valid (October 2016)?
Thanks,
Sid
This forum has been really helpful in covering quite a few topics and queries the answers to which aren't easily accessible. I would like to know your thoughts on my scenario mentioned below:
I got my 1st H1B Visa in October 2008 on which I worked till August 2009 (11 months) after which I returned to India and joined another company. I went on an L1 to the US with this company in May 2012 and returned back to India in July 2015 (3 years 2 months).
I understood from this and similar forums that even though it has been more than 6 years since my H1B was issued, if I were to apply for a cap-exempt reinstatement the USCIS is to likely to approve the application.
I had a couple of questions:
• Would my years in the US on an L1 reduce my remaining H1B years, leaving me with a possible (6yrs - 11 mths - 3yrs 2mths) 1 year 11 months of work on the reinstated visa or would they not be counted?
• If I were to apply for a reinstatement after August 2016, would the clock be reset on the cap-exempt H1B and if so how many years would I have remaining?
• When should I apply for a new H1B visa in order to be able to work for the full 6 years with a clock reset? Is the time of reset counted till the time of application (April 2016) or when the H1B becomes valid (October 2016)?
Thanks,
Sid
