Exstension of expired H1B and clock reset

[needurhelp]

1. My H1B got expired on 30 May 2009
2. I returned to India on Jan 2009
3. I have not fully used my 6 years stay, still left with 20 months.

Now my employer wants to do extension of my H1B in Oct 2009 and I am planning to go US after Jan 2010.

considering these facts, what will be the period I will be getting for my extended h1 B.

Also as I am re entering US after one year , is H1 clock reset and will I be allowed to get fresh 6 years?

Please advice me on this..

Thanks
kiran

[txh1b]

If you have remained outside US, your employer can apply for a fresh H1b and that will give you a new 6 year term.

If they choose to use the remainder option (read FAQs), you can only use whatever is left from your previous H1b petition.

It is a matter of how the petition is filed that determines the period of stay.

[needurhelp]

Thanks a lot for the replay.

I have one more question.

Is it possible to claim 6 years, with out applying new H1B petition and by extending the existing H1B petition after 365 days ( 1 year away from US )?

[txh1b]

Extension of H1b is nothing but a new H1b. I don't see a difference. If you enclose proof of valid remainder period, it will get extended for only 1 year.

A new H1b and an extension are same in all aspects except for some check marks on the I129 form. If you need a 6 year, it has to be a new H1b with the correct check marks on the form.

[needurhelp]

I agree with you on that.

But I think H1b extention does not come under CAP. extension can be filed any time in the year.

Where as New H1B filing fall under CAP. (Please correct me if i am wrong)

[needurhelp]

I agree with you on that.

But I think H1b extention does not come under CAP. extension can be filed any time in the year.

Where as New H1B filing fall under CAP. (Please correct me if i am wrong) .

Please suggest me if I fall under CAP?

[shervin143]

H1B cap is still not reached this year. So your employer should be able to file a fresh H1B without having to worry about cap. Considering that, in your case, filing a renewal petition and filing a fresh H1B petition are almost the same. In renewal you will get only whatever is left from your previous H1B. By applying for a fresh H1B, you will get 6 year. It is upto you to decide which one to choose.

I agree with you on that.

But I think H1b extention does not come under CAP. extension can be filed any time in the year.

Where as New H1B filing fall under CAP. (Please correct me if i am wrong) .

Please suggest me if I fall under CAP?

[needurhelp]

Thanks for the reply Sherwin,

for applying new H1B (to get 6 years) do I have to wait until 365 days completed. Or can I file new H1 right away and mention the start date after Jan 2010.

Because my 365 days completes by 6-JAN-2010.

So I want to know 365 days have to be completed before I apply or when the H1B gets approved?

appriciate your reply on this

[shervin143]

The answer to your question is in the below thread.

http://www.immihelp.com/forum/showthread.php?t=48743

Thanks for the reply Sherwin,

for applying new H1B (to get 6 years) do I have to wait until 365 days completed. Or can I file new H1 right away and mention the start date after Jan 2010.

Because my 365 days completes by 6-JAN-2010.

So I want to know 365 days have to be completed before I apply or when the H1B gets approved?

appriciate your reply on this

[God_bless]

A new H1b and an extension are same in all aspects except for some check marks on the I129 form. If you need a 6 year, it has to be a new H1b with the correct check marks on the form.

Hi txh1b

Would you happen to know the questions which need to be check marked on I 129 for a fresh 6 yrs to be got?
My situation is that I was in US on L1 from aug 2005 to dec 2008.
Applied for h1b in Apr 2009 . Returned on H1b in Feb 2010.
That means I stayed in India for > 1 yr but application for H1b was filed before completion of a yr. Does that disqualify me from clock reset? I am not sure how my company filled the I 129 application but would like to check.
Also since USCIS only granted me visa for 1 yr in 2009 when I went for stamping + 1 yr extension on expiry of initial year, I am assuming they are giving me only the remainder period? Or else would they not have given me 2 or 3 yrs to start with.. ? Any info. is appreciated thanks

[shervin143]

Is your new petition filed under a new CAP after spending 1 year outside U.S? If it was filed using the old CAP, then the clock will not get reset. The easiest way to find that is by looking at the effective date on the petition. If it is Oct 1st, then it is a fresh new CAP. The time between the H1B effective date and your last day in U.S during your earlier stay should be 365 days.

Hi txh1b

Would you happen to know the questions which need to be check marked on I 129 for a fresh 6 yrs to be got?
My situation is that I was in US on L1 from aug 2005 to dec 2008.
Applied for h1b in Apr 2009 . Returned on H1b in Feb 2010.
That means I stayed in India for > 1 yr but application for H1b was filed before completion of a yr. Does that disqualify me from clock reset? I am not sure how my company filled the I 129 application but would like to check.
Also since USCIS only granted me visa for 1 yr in 2009 when I went for stamping + 1 yr extension on expiry of initial year, I am assuming they are giving me only the remainder period? Or else would they not have given me 2 or 3 yrs to start with.. ? Any info. is appreciated thanks

[God_bless]

Is your new petition filed under a new CAP after spending 1 year outside U.S? If it was filed using the old CAP, then the clock will not get reset. The easiest way to find that is by looking at the effective date on the petition. If it is Oct 1st, then it is a fresh new CAP. The time between the H1B effective date and your last day in U.S during your earlier stay should be 365 days.

Thanks for the info. Looks like it is fresh new cap since effective date shows Oct 1st. However problem is that the time between last date of earlier stay and h1b effective date (oct 1st) is less than 1 yr , though I actually traveled to US only after one year completion. Is there any way I can still get full 6 yrs now...

[shervin143]

Unfortunately, NO. The date of travel doesn't make any difference. The H1B effective date should be 1 year after the last date in U.S to get a fresh 6 year term.

Thanks for the info. Looks like it is fresh new cap since effective date shows Oct 1st. However problem is that the time between last date of earlier stay and h1b effective date (oct 1st) is less than 1 yr , though I actually traveled to US only after one year completion. Is there any way I can still get full 6 yrs now...