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How the clock reset happens for US stay in L1B and H1B ?

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  • How the clock reset happens for US stay in L1B and H1B ?

    I stayed in US on L1B from Oct-2006 to Jan-2011. My L1b expired in Jan-2011. During Oct 2010 I applied H1B (2010-2011 quota) when I was in US but it got the approval in Feb-2011 when I was not in US. I got the petition approved for a year and it expired. During Feb-2011 to July-2012 I was outside of US (18 months). Then I reapplied H1B petition in old cap (2010-2011) in Apr-2012. From Aug-2012 onwards I am in US.
    Now my situation is, I never stayed in US in H1B before Aug-2012. Now how long I can stay in US with my current H1B ? Is it 6 years ? Did my clock get reset at the time of H1B entry ?

  • #2
    Originally posted by nashmick View Post
    I stayed in US on L1B from Oct-2006 to Jan-2011. My L1b expired in Jan-2011. During Oct 2010 I applied H1B (2010-2011 quota) when I was in US but it got the approval in Feb-2011 when I was not in US. I got the petition approved for a year and it expired. During Feb-2011 to July-2012 I was outside of US (18 months). Then I reapplied H1B petition in old cap (2010-2011) in Apr-2012. From Aug-2012 onwards I am in US.
    Now my situation is, I never stayed in US in H1B before Aug-2012. Now how long I can stay in US with my current H1B ? Is it 6 years ? Did my clock get reset at the time of H1B entry ?
    As long as H1 is applied AFTER staying outside US for more than 1 year one can get fresh 6 years stay. Your case doesn't seem straight forward better to discuss with an attorney with the facts.

    This is my opinion not legal advice.

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