1 Year counter?

[rahulmunjal]

Hi,

I was in US from June 2008 till June 2013 (5 years) on L1B. Now I came back to India in June 2013. My company is planning to file my H1B petition in the next cycle that is 01 April 2014 for Oct 2014 (cap). If my H1B petition goes through the lottery and I travel to US in Dec 2014, will I be able to stay for 6 years or just the left over 1 year? Please suggest. Thanks.

Regards,
Rahul

[raghvi]

Hi,

I was in US from June 2008 till June 2013 (5 years) on L1B. Now I came back to India in June 2013. My company is planning to file my H1B petition in the next cycle that is 01 April 2014 for Oct 2014 (cap). If my H1B petition goes through the lottery and I travel to US in Dec 2014, will I be able to stay for 6 years or just the left over 1 year? Please suggest. Thanks.

Regards,
Rahul

Only for 1 Year. As you left in June 2013, the 1 Year clock will reset only if you apply after June 2014. As you will be applying in April 2014 itself even if you are planning to travel after June 2014 your clock would not be reset. If you apply H1 after June 2014 your clock would be reset but for that the Cap should be open till June 2014. This year the cap got filled within First week of April 2013 itself.

This is my opinion not legal advice.

[rahulmunjal]

Thanks

Thank you for your reply. So it makes sense only if I skip the next cycle and then apply a year after in order to get full 6 years on H1B.

[raghvi]

To me it does. if still in doubt talk to an experienced attorney.

This is my opinion not legal advice.