L1b expired, on I94. Clock reset query ?

[wonderland]

Hi, My L1B expired on 31st Dec 2014. Currently I am on I94 i.e. valid till 29th Jan 2016, this will complete my 5 years of L1B tenure.


If I go back India in January 2016, Can I file a fresh H1B from India ?

If H1B gets picked and approved by Oct 2016, will it reset my clock if I travel back to US by Feb 2017 ?



If it doesn't gets picked up, Can I apply for fresh L1B in 2016 ?

Will it reset my clock if I travel back to US on L1B by Feb 2017 ?

[raghvi]

Hi, My L1B expired on 31st Dec 2014. Currently I am on I94 i.e. valid till 29th Jan 2016, this will complete my 5 years of L1B tenure.


If I go back India in January 2016, Can I file a fresh H1B from India ?

If H1B gets picked and approved by Oct 2016, will it reset my clock if I travel back to US by Feb 2017 ?



If it doesn't gets picked up, Can I apply for fresh L1B in 2016 ?

Will it reset my clock if I travel back to US on L1B by Feb 2017 ?

When you say 5 Years, does it include all physical stay period in US?

In order for the clock to reset, the next petition (H1 or L1) would need to be applied after 365 days period is over, not during those 365 days. So in your case, if you leave US in January 2016, the earliest you can apply for fresh H1/L1 petition in order to reset your clock is January 2017. You cannot apply L1 again in Feb 2016 and return in Feb 2017 to get a fresh 5 Year , also you cannot apply H1 in April 2016 and return Feb 2017 to get fresh 6 Year H1.

Have you thought about L1b to L1A or starting GC to avoid this?

This is my opinion not legal advice.