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Return to India after 4.5 years on L1 in Dec'13, how much time will I get on H1 now

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  • Return to India after 4.5 years on L1 in Dec'13, how much time will I get on H1 now

    I returned to India on 3rd Dec'13 after spending 4 year 7 months in US on L1B visa. If I apply H1B on April'14 and travel back to US after spending one year in India on or after 4th Dec'14. Will my H1B clock reset, will I get total 6 years on H1B.
    I am expecting my initial petition starting from 1st Oct'14 to Jan'16. If I travel in Dec'14 after 1 year in India, heard that clock may not reset, if extension applied in Jan'16, I may get only for 2 months (Oct'14 and Nov'14, Time from 1oct'14 till I enter in US).

    Please advise if above statement is true or will I get extension of 3 years when apply in Jan'16 and will have total 6 years on H1.

  • #2
    Originally posted by Shimpy View Post
    I returned to India on 3rd Dec'13 after spending 4 year 7 months in US on L1B visa. If I apply H1B on April'14 and travel back to US after spending one year in India on or after 4th Dec'14. Will my H1B clock reset, will I get total 6 years on H1B.
    I am expecting my initial petition starting from 1st Oct'14 to Jan'16. If I travel in Dec'14 after 1 year in India, heard that clock may not reset, if extension applied in Jan'16, I may get only for 2 months (Oct'14 and Nov'14, Time from 1oct'14 till I enter in US).

    Please advise if above statement is true or will I get extension of 3 years when apply in Jan'16 and will have total 6 years on H1.
    In order to reset ones clock one needs to apply in the cap after spending one year outside US. So in order to get fresh 6 Years terms you should apply H1 after Dec 2014, as most probably cap will be closed at that time, you would have to apply in April 2015.

    This is my opinion not legal advice.

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