H1 OOC - 1 year gap, 6 year rule

[dev.sharma.blr]

Hi,
I am looking for some guidance on the right way forward.
I was in the US between 2012 and Sep 2014 on my company's L1 Visa.
While in US, I applied for a H1 through a local employer, but had to come back before the H1 start date (before Oct 1st 2014).
Once back in India, my existing employer filed for a H1 OOC petition which has now got approved.

My question and confusion is should I give a 1 year gap between my return to the US, in order to reset my 6 year counter? Or does it not matter in this case?
If I go back before Sep 2015 (< 1 year gap), will I get to use 6 years of H1 (I have never worked on H1 in the US).
Or should I wait till Sep end, finish 1 year outside and then return?

Thank you.

Dev.

[raghvi]

Hi,
I am looking for some guidance on the right way forward.
I was in the US between 2012 and Sep 2014 on my company's L1 Visa.
While in US, I applied for a H1 through a local employer, but had to come back before the H1 start date (before Oct 1st 2014).
Once back in India, my existing employer filed for a H1 OOC petition which has now got approved.

My question and confusion is should I give a 1 year gap between my return to the US, in order to reset my 6 year counter? Or does it not matter in this case?
If I go back before Sep 2015 (< 1 year gap), will I get to use 6 years of H1 (I have never worked on H1 in the US).
Or should I wait till Sep end, finish 1 year outside and then return?

Thank you.

Dev.

The rule is that one should apply under cap after 1 year of stay outside US. Since you applied while you were still in US you would not get full 6 Years, as L1 time would be deducted from H1. But if you wuld still have around 4 Years of potential H1 usage, in which if your employer files GC in a timely way you can stay beyond 4 Years H1.

This is my opinion not legal advice.

[dev.sharma.blr]

Thank you for sharing your inputs on this.

[ashook05]

Hello..

i have question

i have stayed in usa from jan 2014 to may 2019( not completed my 6 years). Due to personal reasons i have returned back to india. Say if i wanted to file H1B again, am
i eligible for non cap ? Will i get visa for
more than 1or 2 years?

please help