H1B Clock Reset

[Anjalivc]

Hi,

I stayed in US in H1B from Mar-2007 to Jul-2009(2 yrs and 4 months).
Then my H1B expired and i went back to India.
I got L1B Visa on Jun-2011 and came to US on Oct-2011. I am staying in US till date.

Now i am planning to apply for a new H1 this year(2014).
Did my India stay during Aug-2009 to May-2011(1 year 9 months) resetted my clock?

So will my years of stay in new H1B include the year i stayed in (mar-2007 to Jul-2009)?

[raghvi]

Hi,

I stayed in US in H1B from Mar-2007 to Jul-2009(2 yrs and 4 months).
Then my H1B expired and i went back to India.
I got L1B Visa on Jun-2011 and came to US on Oct-2011. I am staying in US till date.

Now i am planning to apply for a new H1 this year(2014).
Did my India stay during Aug-2009 to May-2011(1 year 9 months) resetted my clock?

So will my years of stay in new H1B include the year i stayed in (mar-2007 to Jul-2009)?

Assuming you applied for fresh L1B after staying for 1 year in India that is after Aug-2010 then Yes your clock was reset and previous time on H1 will not get added.

But instead of filing a new H1 if you decide to file a cap exempt petition with immediate start date(if you want to use the old H1) then yes the previous H1 time will get added.

This is my opinion not legal advice.