Duration of stay remaining on H1-B

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Hi,

Can anyone please help me out to figure out how many months I am eligible to stay in USA in my scenario? I have read USCIS website but I am not sure how it should be interpreted in my case.

I have been in US Twice before as following:
1. Aug-2010 to June-2011 on L1-B (11 months)
2. Sep-2011 to September 2013 on L1-B and then my status changed to H1-B COS petition approval. I remained in US till January 2014 and worked on H1-B from 1st October 2013 to January 2014 last week before returning back to my home country. (28 months)

Since then I have been in my home country. My H1-B petition is approved up to June 2016. My question is if I remain outside USA for more than 1 year, will I be eligible for another 6 years of stay on H1-B or my 6 years will still be counted considering my previous stay?

Thank you in advance! I appreciate your help.

[raghvi]

Hi,

Can anyone please help me out to figure out how many months I am eligible to stay in USA in my scenario? I have read USCIS website but I am not sure how it should be interpreted in my case.

I have been in US Twice before as following:
1. Aug-2010 to June-2011 on L1-B (11 months)
2. Sep-2011 to September 2013 on L1-B and then my status changed to H1-B COS petition approval. I remained in US till January 2014 and worked on H1-B from 1st October 2013 to January 2014 last week before returning back to my home country. (28 months)

Since then I have been in my home country. My H1-B petition is approved up to June 2016. My question is if I remain outside USA for more than 1 year, will I be eligible for another 6 years of stay on H1-B or my 6 years will still be counted considering my previous stay?

Thank you in advance! I appreciate your help.

No, in order to reset your clock, you should stay out for more than 365 days AND file a new petition and get it approved. If you use the old petition again the clock is not reset even if you have spent 365+ days outside US.

This is my opinion not legal advice.

[[email protected]]

No, in order to reset your clock, you should stay out for more than 365 days AND file a new petition and get it approved. If you use the old petition again the clock is not reset even if you have spent 365+ days outside US.

This is my opinion not legal advice.

Thank you Raghvi for your timely response. I appreciate your help!