L1-H1 Clock Reset

[sanjaypatilusa]

Dear Sir,

Can you please suggest me on below questions?

Background:

I came to USA on L1B visa on 1-Sep-2009.
My L1B visa & I-94 were expired on 25-Aug-2012.
I already applied for L1B Extension on 10-Aug-2012.
I received denial notice of L1B Extension on 26-Jan-2013.
I left USA immediately on 30-Jan-2013 and returned to India.

I applied for H1B visa in April 2013 through H1B cap from India.
I received Approval notice of H1B visa on 11-Nov-2013.


Questions:

1) I would like to go to USA on 1-Feb-2014 sothat I could stay in India (i.e. outside USA) for the entire duration of 1 year. In this way, my old stay record will not be considered in future and I can stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario). (h1B Clock reset) Is this True ?

2) If above sentence is True then What should be considered as baseline date for calculating stay of 1 year ? i.e. USA move-out date was 30-Jan-2013 and new USA move-in date should be either H1 Stamp Date or new I-94 date (i.e. the day when I’ll reach to USA)


3) I also heard that if you apply through fresh H1 quota then this calculation of 1 year is not applied. Whenever I’ll reach to USA, I’ll be eligible to stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario).

Thanks a lot in advance.


With Best Regards,
Sanjay.

[raghvi]

Dear Sir,

Can you please suggest me on below questions?

Background:

I came to USA on L1B visa on 1-Sep-2009.
My L1B visa & I-94 were expired on 25-Aug-2012.
I already applied for L1B Extension on 10-Aug-2012.
I received denial notice of L1B Extension on 26-Jan-2013.
I left USA immediately on 30-Jan-2013 and returned to India.

I applied for H1B visa in April 2013 through H1B cap from India.
I received Approval notice of H1B visa on 11-Nov-2013.


Questions:

1) I would like to go to USA on 1-Feb-2014 sothat I could stay in India (i.e. outside USA) for the entire duration of 1 year. In this way, my old stay record will not be considered in future and I can stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario). (h1B Clock reset) Is this True ?

2) If above sentence is True then What should be considered as baseline date for calculating stay of 1 year ? i.e. USA move-out date was 30-Jan-2013 and new USA move-in date should be either H1 Stamp Date or new I-94 date (i.e. the day when I’ll reach to USA)


3) I also heard that if you apply through fresh H1 quota then this calculation of 1 year is not applied. Whenever I’ll reach to USA, I’ll be eligible to stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario).

Thanks a lot in advance.


With Best Regards,
Sanjay.

1. No. Your H1 tenure can only be 6 Minus time already spent in L1 status as you had not completed 1 Year outside stay at the time of applying H1. The rule says that one should stay out for one year and apply H1 AFTER completion of 1 Year outside stay. If you apply in April 2014 with start date of Oct 2014 you would be eligible for fresh 6 Years H1.
2. As explained one should apply for H1 only after completion of 1 Year stay.
3. Yes fresh H1 quota will start in April 2014 with start date of Oct 2014.

This is my opinion not legal advice.