Question regarding 6 years cycle of H1B + L1B stay

[abhisheks77]

Hello,

My friend is staying in US on L1B from past 3.5 years. His L1B visa tenure is already over in Feb 2014 and I-94 is also over. Right now, he is staying in L1B extension process. Along with this, his H1b is also picked and he is waiting for its result. There may be two scenarios here :-
1- L1B extension may take more time and by that time, his H1B will be approved and he doesn't need to leave US. Later, whenever he go to India (home country), he can get stamping done and come back.
2- He gets denial on his L1B extension before H1b approval, then he will have to leave country in 1 or 2 week. Once his H1b will be approved in India, he can get stamping done and come to US on fresh H1b.

I understand that his total stay should not exceed 6 years. In either case, if he stays in India for one year (for example, September 2015 to September 2016), will his cycle reset to 6 years and he will be allowed to stay again for next 6 years ?

Regards

[shervin143]

Nope. It doesn't work that way. A fresh H1B petition under a brand new CAP should be filed after staying out of U.S for 1 whole year to get the H1B clock reset.