New H1 after 5 years on L1 - Query on 365 days reset

[ramshanks_25]

Hi,
I have completed by 5 years in L1 on June 1st, 2013. Applied for H1 the same year, got my petition approved folllowed by H1B visa.

Now my new H1B petition is valid from October 1st, 2013 to June 15th, 2016. My H1B visa also holds good till June 2016.


Now in order to utilise 6yrs on my H1B, should I stay in India (Outside US) till June 1st 2014 (365 days since my last US return) or till October 1st 2014 (365 days from the date of validity of my H1B petition)??

Please let me know.

Thanks

[raghvi]

Hi,
I have completed by 5 years in L1 on June 1st, 2013. Applied for H1 the same year, got my petition approved folllowed by H1B visa.

Now my new H1B petition is valid from October 1st, 2013 to June 15th, 2016. My H1B visa also holds good till June 2016.


Now in order to utilise 6yrs on my H1B, should I stay in India (Outside US) till June 1st 2014 (365 days since my last US return) or till October 1st 2014 (365 days from the date of validity of my H1B petition)??

Please let me know.

Thanks

I would advise you to approach a good immigration attorney to determine your options because in my opinion the Clock is reset only if one applies for fresh petition AFTER completion of 1 Year stay out of US. As you applied H1 in April 2013 itself, without completion of 1 Year stay outside US , you may not be eligible for fresh 6 Years stay even if you re enter US in June 2014. You should have have left US in April 2013, and applied fresh H1 in April 2014 with start of Oct 2014 in order to reset your clock.

This is my opinion not legal advice.

[ramshanks_25]

I would advise you to approach a good immigration attorney to determine your options because in my opinion the Clock is reset only if one applies for fresh petition AFTER completion of 1 Year stay out of US. As you applied H1 in April 2013 itself, without completion of 1 Year stay outside US , you may not be eligible for fresh 6 Years stay even if you re enter US in June 2014. You should have have left US in April 2013, and applied fresh H1 in April 2014 with start of Oct 2014 in order to reset your clock.

This is my opinion not legal advice.

Hi Raghvi,
Thanks for your response.
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