H1 L1 Clock reset

[shaikh24]

Hi

I went back to India after spending 2.5 years on L1 in Jan 2014. My employer filed H1 in Apr 2014, got approved on Oct 2014 and I came to USA in Feb 2015.

Am I Be eligible to stay 6 years on H1 Or L1 gets counted in it. I have confirmed with attorney as well as legal department of the company and as per them I should get complete 6 years.

As per some sources on internet, my L1 gets counted in 6 years period as I was not outside USA for 1 year at the time of applying H1.

Please let me know.

Please refer below links of uscis

http://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/H-1B/h1b-fy-12-characteristics.pdf

USCIS regulations provide that an alien who
has resided and been physically present outside the United States for at least one year may be
eligible for a new six-year period of admission in H-1B status. See 8 CFR 214.2(h)(13)(iii)(A).


214.2(h)(13)(iii)(A).

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr;sid=2ca865f54365fae86c9a9356a4562787;rgn=div5;view=text;node=8%3A1.0.1.2.18;idno=8;cc=ecfr#se8.1.214_13

iii) H-1B limitation on admission. (A) Alien in a specialty occupation or an alien of distinguished merit and ability in the field of fashion modeling. An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15) (H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.

Regards
Sha

[inadmissible]

It looks to me like you were outside the United States for >1 year.
Am I missing something?

[shaikh24]

It looks to me like you were outside the United States for >1 year.
Am I missing something?

Yes I was Outside USA for 1 year but according to some sources on the internet, I have to be outside USA for one year at the time of applying H1 B

[inadmissible]

Yes I was Outside USA for 1 year but according to some sources on the internet, I have to be outside USA for one year at the time of applying H1 B

That doesn't sound right at all. Can you link those sources? The 6 year clock starts at admission. I don't see any reason why the 1 year clock ends at application, approval, or anything other than admission.

[shaikh24]

That doesn't sound right at all. Can you link those sources? The 6 year clock starts at admission. I don't see any reason why the 1 year clock ends at application, approval, or anything other than admission.

Here are those

http://forum. **** **.com/index.php?...reset-concept/

http://www.immihelp.com/forum/showthread.php/117213-L1-H1-Clock-Reset

[inadmissible]

The links you provided are discussion forums involving folks like me - unreliable at best. The regulations refer to admission.

An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.

http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-17197/0-0-0-18684.html

See 8 CFR 214.2(h)(13)(iii)(A)