clock reset time after being out of US for an year on both L1B and H1B

[roshanr]

Hi,

I was on L1B from July 2010 to Jan 2013 and returned back to India after my L1B extension got denied. My employer applied for H1B on Apr-2013 and got it approved now. If i go back to US after Jan-2014 ( ie. after completing of one whole year outside US ) will i be eligible for another six years?

[raghvi]

Hi,

I was on L1B from July 2010 to Jan 2013 and returned back to India after my L1B extension got denied. My employer applied for H1B on Apr-2013 and got it approved now. If i go back to US after Jan-2014 ( ie. after completing of one whole year outside US ) will i be eligible for another six years?

No, one should apply new H1/L1 AFTER completion of 1 Year outside US. As you applied before completion of 1 Year in April 2013 itself, even if you planning to travel after 1 Year completion you will not be eligible for fresh 6 Years.

If you apply in April 2014 with start date of Oct 2014 you would get fresh 6 Years. Or had you left in April 2012 and applied H1 in April 2013 you would have got fresh 6 Years H1.


This is my opinion not legal advice.