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L1 - H1 clock reset

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  • L1 - H1 clock reset

    Hi,

    I came to US first time in 2007 in L1 visa and stayed till the end of 2008. I went out of country and stayed for a complete 1 year. I came back to US in 2010 using the same L1 visa. In 2011, I got a fresh L1 approved and continued to stay (went to India for stamping).

    In 2013, I got my H1 approved from a different company and joined them. I would like to know if the one year that I have stayed outside the country would have reset the clock and I can use the full 6 years of H1, or i can only use the time spent out side + remaining time in H1.

    I was told by my employer that my L1 + H1 years should not be greater than 6 years.

    Please advise!

  • #2
    Originally posted by Saurav123 View Post
    Hi,

    I came to US first time in 2007 in L1 visa and stayed till the end of 2008. I went out of country and stayed for a complete 1 year. I came back to US in 2010 using the same L1 visa. In 2011, I got a fresh L1 approved and continued to stay (went to India for stamping).

    In 2013, I got my H1 approved from a different company and joined them. I would like to know if the one year that I have stayed outside the country would have reset the clock and I can use the full 6 years of H1, or i can only use the time spent out side + remaining time in H1.

    I was told by my employer that my L1 + H1 years should not be greater than 6 years.

    Please advise!
    First thing, even if you spend an entire year or more outside US but still use an old petition, the clock is not reset.
    Second, when you say in 2011 you got fresh L1, does it mean you stayed out of US between 2010 - 2011 for an entire one Year and got a new petition/visa stamped in 2011?

    You also need to provide more details as to entry and exit dates.

    The clock is only reset if one stays outside US for an entire year and then after staying out for a year applies for a fresh visa and petition.

    This is my opinion not legal advice.

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