When H1/L1 period gets reset?

[Nileshpatil141]

Hello,

I came to USA on L1B, stayed for 2 years 10 months and went back to INDIA on Nov 22'nd 2012.
Then my employer filed my H1B and got approved on Oct 1'st 2013. But I travelled to USA on Jan 13'th 2014 and staying on H1B visa till today.

In India, I stayed from Nov 22'nd 2012 till Jan 12'th 2014, which is more than 1 year. But my H1B petition was approved before completion of 1 year from last USA exit date.
So my question is, Do I have fresh H1B visa which can be extendable for 6 years from Jan 13'th 2014 or it will be just remainder from L1/H1 period?

So to reset clock, should there be 1-year gap between Last exit date and next petition approval date or just staying outside USA for 1-year resets my H1B clock?

Appreciate your time.

Thanks!!

[raghvi]

Hello,

I came to USA on L1B, stayed for 2 years 10 months and went back to INDIA on Nov 22'nd 2012.
Then my employer filed my H1B and got approved on Oct 1'st 2013. But I travelled to USA on Jan 13'th 2014 and staying on H1B visa till today.

In India, I stayed from Nov 22'nd 2012 till Jan 12'th 2014, which is more than 1 year. But my H1B petition was approved before completion of 1 year from last USA exit date.
So my question is, Do I have fresh H1B visa which can be extendable for 6 years from Jan 13'th 2014 or it will be just remainder from L1/H1 period?

So to reset clock, should there be 1-year gap between Last exit date and next petition approval date or just staying outside USA for 1-year resets my H1B clock?

Appreciate your time.

Thanks!!

You would only get remainder term of 6 Minus time already spent in L1/h1 status.

The petition should be filed after staying out of US for 1 Year. Am assuming your petition was filed April 2013, which is less than 1 Year from the time of your departure, that is Nov 2012.

This is my opinion not legal advice.

[Nileshpatil141]

Thank you.

You would only get remainder term of 6 Minus time already spent in L1/h1 status.

The petition should be filed after staying out of US for 1 Year. Am assuming your petition was filed April 2013, which is less than 1 Year from the time of your departure, that is Nov 2012.

This is my opinion not legal advice.

Thank you Raghvi for your reply.
I changed my employer in Sept 2015 and through them I have received H1 till Aug 2018.
If my h1 cycle is not reset then I should not get h1 till Aug 2015?

Please suggest. Should I check with employer attorney and my petition?

Thanks again.