H-1 Counter Reset

[VijayUS]

Hi Experts,

I spent time in US from June 2007 to October 2009 (2.5 Years) on H-1B. My visa had 3.5 years left, when I had to head back to India on October 12, 2009. I re-entered US on December 12, 2010 which is more than 365 days.

1) Has my H-1B counter reset? i.e. will I be eligible to stay in US on H-1B and get extensions till I work in US for 6 years starting December 12, 2010?

2) My employer recently filed my extension and told me that I just have 3.5 years left on my visa and my extension will be filed till June 2014 (3.5 years). So I am confused whether my counter has reset or not. Please help

Thanks
Vijay

[shervin143]

To get a fresh 6 year period, you should have returned back on a fresh H1B that is filed under a new CAP? If not, your H1B clock isn't reset eventhough you have spent 1 year outside U.S.

[VijayUS]

Thank You

Thanks Shervin. So basically spending one year outside US only makes you eligible for a fresh H-1B application.

[shervin143]

H1B CAP Reset

A fresh H1B application after spending 1 year outside U.S, will get a new 6 year term on your H1B. A fresh H1B before completing 1 year outside U.S will not reset your H1B clock. Similarly, using a old CAP to re-enter U.S will not reset your H1B clock (Even if you have spend 1 year outside U.S).

Thanks Shervin. So basically spending one year outside US only makes you eligible for a fresh H-1B application.