Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

New H1b and Clock reset

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • New H1b and Clock reset

    1. I was in US from 2010 September to 2014 April on my L1A (this includes the 8 months RFE period)
    2. I was outside US for 7 months during the above said period (from 2011 Oct till 2012 April)
    3. During my L1A extension time my company applied my H1b as well (i.e. is in April 2014)
    4. My L1A extension got denied in March 2014 and I returned to India in mid of April 2014
    5. My H1b petition got approved for one year starting from Oct 2014
    6. I planning to travel back to US after April 2015 that means after 365 days

    My Questions are:

    1. Since I am re-entering US after one year, is my H1 clock reset and will I be allowed to get fresh 6 years?
    2. Since my H1b petition was approved only for one year, will I be getting I-94 till Sep 2015 or for three years?
    3. I have a requirement to travel on business for about 6 weeks (before completing 365 days...), so, having valid H1b visa can I travel on B1 Visa (i have valid B1 visa as well)? will it impact my 365 days clock reset?

    Appreciate your help and advice.

    Thanks!

  • #2
    Since my H1b petition was approved only for one year, will I be getting I-94 till Sep 2015 or for three years?
    GS: It depends on your Visa stamping date, most likely it will be 1 year and employer should apply for Extension.

    Comment


    • #3
      Originally posted by creativenandan View Post
      1. I was in US from 2010 September to 2014 April on my L1A (this includes the 8 months RFE period)
      2. I was outside US for 7 months during the above said period (from 2011 Oct till 2012 April)
      3. During my L1A extension time my company applied my H1b as well (i.e. is in April 2014)
      4. My L1A extension got denied in March 2014 and I returned to India in mid of April 2014
      5. My H1b petition got approved for one year starting from Oct 2014
      6. I planning to travel back to US after April 2015 that means after 365 days

      My Questions are:

      1. Since I am re-entering US after one year, is my H1 clock reset and will I be allowed to get fresh 6 years?
      2. Since my H1b petition was approved only for one year, will I be getting I-94 till Sep 2015 or for three years?
      3. I have a requirement to travel on business for about 6 weeks (before completing 365 days...), so, having valid H1b visa can I travel on B1 Visa (i have valid B1 visa as well)? will it impact my 365 days clock reset?

      Appreciate your help and advice.

      Thanks!
      It will be more helpful if some one shed some lights on my other questions...

      - - - Updated - - -

      Originally posted by GShailendra View Post
      Since my H1b petition was approved only for one year, will I be getting I-94 till Sep 2015 or for three years?
      GS: It depends on your Visa stamping date, most likely it will be 1 year and employer should apply for Extension.
      Thanks Shailendra!

      Comment


      • #4
        1. I dont think you clock gets reset merely by entering US after 1 Year. If such was the case, one can apply for fresh H1 say in April 2014, even if person is in US, say on L1, and then leave in Oct 2014, and try to re enter for fresh 6 Years in Oct 2015.

        The rule as I interpret is that one should apply for fresh petition after staying out for a year and only then the clock is reset. Since you applied fresh H1 without completing 1 Year stay outside, the previous L1A stay, including RFE period, would be counted towards the 6 Years L1+H1 limitation.

        2. Since petition was approved for 1 Year you would most probably visa for 1 Year, and since visa would be for 1 Year you would get I-94 also for one year.

        3. I would say avoid such long B1 travels. Business meetings for 6 Weeks are anyhow viewed skeptically.

        This is my opinion not legal advice.

        Comment


        • #5
          Thanks a lot raghvi!

          Comment

          {{modal[0].title}}

          X

          {{modal[0].content}}

          {{promo.content}}

          Working...
          X