H1B - 6 years Reset question

[BGoswami]

Hi,
Need the forum's help in clearing a confusion.

I had an H1B approved in December 2009 and I started working using it from July 2010-April 2011.
After that I had my status change to L2 and worked using L2 EAD.
In between we were out of the country for 19 months.
I want to start working using my previous H1 and I wanted to know if has been reset for 6 years even though it had expired in June,2012


Thanks in advance.

[raghvi]

Hi,
Need the forum's help in clearing a confusion.

I had an H1B approved in December 2009 and I started working using it from July 2010-April 2011.
After that I had my status change to L2 and worked using L2 EAD.
In between we were out of the country for 19 months.
I want to start working using my previous H1 and I wanted to know if has been reset for 6 years even though it had expired in June,2012


Thanks in advance.

Merely staying out of US for more than 365 days does not reset the clock. The time not spent in H1 status in last 6 Years can be recaptured.

This is my opinion not legal advice.

[BGoswami]

Merely staying out of US for more than 365 days does not reset the clock. The time not spent in H1 status in last 6 Years can be recaptured.

This is my opinion not legal advice.

Thanks for the reply.
This leads to one more question.
Within what time frame can I use the time not spent in H1 status ?

[raghvi]

Thanks for the reply.
This leads to one more question.
Within what time frame can I use the time not spent in H1 status ?

I would say the extension would have to be applied within 6 Years of your last held H1 status. So if you can find a h1 sponsor who can file a cap exempt h1 petition for you before April 2017 (6 Years from April 2011). The employer can show work and request for 3 Years H1 initially and extension later on (till the full 6 Years in H1 status is not exhausted).

This is my opinion not legal advice.