Will 6 years clock reset ?

[sudarshan.paliwal]

Dear Experts,

Background -

I entered US on L1 - B on May 2008 . In 2011 Oct L-1 extension was rejected so I left for India on Nov 1 ,2011. Company filed fresh H1 in April 2012 which got approved with validity date as Dec 2,2014. This date was arrived with below logic -

May 2008 + 6 Years + Time spent outside US before last exit of Nov 1 ( 7 months ) = Dec 2, 2014


Question -

I travelled to US on H1 on Nov 11 ( 1 year was spent outside US in India ) . So when I go for extension in Dec 2, 2014 will I get only 1 year I spent outside or 4 years since I spent 1 year outside US ?

Please let me know your expert comments , Thanks!

[raghvi]

Dear Experts,

Background -

I entered US on L1 - B on May 2008 . In 2011 Oct L-1 extension was rejected so I left for India on Nov 1 ,2011. Company filed fresh H1 in April 2012 which got approved with validity date as Dec 2,2014. This date was arrived with below logic -

May 2008 + 6 Years + Time spent outside US before last exit of Nov 1 ( 7 months ) = Dec 2, 2014


Question -

I travelled to US on H1 on Nov 11 ( 1 year was spent outside US in India ) . So when I go for extension in Dec 2, 2014 will I get only 1 year I spent outside or 4 years since I spent 1 year outside US ?

Please let me know your expert comments , Thanks!

Since the H1 was applied on April 2012 before completion of the 1 Year period , you will most probably get h1 extension only for the remaining time. In order to get fresh 6 Years one has to spend 1 Full Year time outside US and after completion of the one year apply for fresh H1.

This is my opinion not legal advice.