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Clock resets if we go to india after my L1b expires and H1B COS still awaiting approv

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  • Clock resets if we go to india after my L1b expires and H1B COS still awaiting approv

    Hi Everyone,

    My L1B I94 expired in June 2015. Before that my H1B and L1B extention was applied by my employer. My H1B got picked and L1B extension sill in process and my H1B COS has been filed. I am in USA continuous for total 3.5 years.

    Now my question is if I go to India now, I know my H1B COS will get denied but I may get H1B petition approved so if I stay in India for 1 year and then can I still do the H1B visa stamping next year with the H1B petition which was approved this year? and would this reset my clock for a fresh 6 years validity to stay in USA?

    Please help.



    Regards,

    Abhishek

  • #2
    No. That is not how it works. You have to stay out of U.S for 1 year and then file a new H1B petition that is subjected to CAP for the clock to reset. It is not when you go for visa stamping. It is when you file the H1B petition with USCIS under a brand new CAP that determines the rest of the H1B clock.
    Not a legal advice. Use of this information is strictly at your own risk.

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