L1 for 30 Months and H1 for 36 Months

[Praveraj]

Hi,

I have a situation. I was in US for 30 Months in L1. Then I went back to India due to L1 extension rejected. After 15 Months, I came back in H1 to USA but my H1 Visa processing started within 10 months I landed in India.

My question is: Does the 6 year clock got reset or not?

One of my X-Collegue said that in his organization (my X-organization) they asked a H1 candidate to go back to India as his combined L1+H1 terms reached 6 yearseven though he had 1 year of gap inbetween when he was out of USA. Since he started the H1 processing before completing 1 year, his clock didnt get reset itseems. Is this true? Can someone throw light on this, if you face this situation?

Thanks in advance,
PR

[raghvi]

Hi,

I have a situation. I was in US for 30 Months in L1. Then I went back to India due to L1 extension rejected. After 15 Months, I came back in H1 to USA but my H1 Visa processing started within 10 months I landed in India.

My question is: Does the 6 year clock got reset or not?

One of my X-Collegue said that in his organization (my X-organization) they asked a H1 candidate to go back to India as his combined L1+H1 terms reached 6 yearseven though he had 1 year of gap inbetween when he was out of USA. Since he started the H1 processing before completing 1 year, his clock didnt get reset itseems. Is this true? Can someone throw light on this, if you face this situation?

Thanks in advance,
PR

Yes. The rule says the petition has to be filed after completion of 1 Year period. It doesnt say that one can file petition anytime and then travel post 1 Year completion.

To understand this better one has to look at the cap status at the time of completion of 1 Year outside stay. So for example, if a person leaves US say in March 2012, then in April 2013 , if the cap is still open and he/she applies for H1 , then he/she is eligible for for clock reset. Similarly, say a person, left US in Nov 2013, he or she cannot apply H1 in April 2014 for fresh 6 Year term, stating that "I plan to travel only after Nov 2014 or later" and claim clock reset, the person has to apply after 1 Year completion, in or later to Nov 2014, provided cap is open, if cap is not open then in next cap, in April 2015.

This is my opinion not legal advice.