L1 B and H1B clock reset

[amitbajaj]

Hi ,

I have question regarding L1B+ H1 B 6 year clock reset.

This is the scenario.

Visa Entry Exit

L1 B March 1,2009 Sep 18,2011

Applied fresh H1 B in June 2012 for effective date Oct 1,2012 and got approved petition with Oct 1,2012 - Sep 30,2015.

H1 B Oct 1 ,2012 not exited so far



If I go for extension in Sep 2015 , how much extension I'll receive ?

[raghvi]

Hi ,

I have question regarding L1B+ H1 B 6 year clock reset.

This is the scenario.

Visa Entry Exit

L1 B March 1,2009 Sep 18,2011

Applied fresh H1 B in June 2012 for effective date Oct 1,2012 and got approved petition with Oct 1,2012 - Sep 30,2015.

H1 B Oct 1 ,2012 not exited so far



If I go for extension in Sep 2015 , how much extension I'll receive ?

If entire L1B stay was in US without any travel outside, and entire H1 stay would be in US I doubt you can recapture any time as in Sep 2015 you would have exhausted your 3 Years h1B.
It seems in Sep 2015 you would have spent around 2 years, 8 months on L1B and 2 years, 11 months on H1 B. L1+H1 can be at max 6 Years (if GC is not filed in a timely manner).
If you are thinking that staying out of US from Sep 2011 till 01-Oct-2012 has reset your clock, I am afraid that it may not be so. One has to apply for fresh H1 after 1 year stay out of US not during that 1 Year period. And since you applied H1B in Jun 2012 itself before 1 Year completion date of Sep 2012 your clock was not reset.

This is my opinion not legal advice.

[amitbajaj]

Thanks for the response.

But as per my knowledge - clock gets reset when you meet both conditions :

1. Stay out of US for 1 year
2. Apply for new H1 B visa under cap limits for financial year.



And difference between effective date on petition (Oct 1,2012) and last day in US of previous travel (Sep 18,2011 ) is more than 365 days.Ideally clock should be reset for 6 years.

[raghvi]

Check your I129 page 11 of your H1 petition where you specify the time spent in US in L1+H1 status in the last 6 Years. Did you provide proof along with I-94, I-797 of L1 entry and exit?

When you file for extension you may need to hire an experienced attorney to fill similar details in your new I129 in order to be able to explain it to the USCIS about your 1 Year stay outside.I would recommend you to consult an immigration lawyer to get more clarity.

This is my opinion not legal advice.