H1, L1 stay calculation query

[sandeep200321]

Hi,

Below are my travel dates with same employer and I am still working in US with same employer. Please let me know if my H1 stay calculation will start from 13 Sep 2008 or 26 feb 2011. Note that I converted my L1 to H1 in second step below.

1)I travelled to US on L1 on 13 Sep 2008 and returned to India on 13 Nov 2008.

2)Again travelled on L1 on 6 Jan 2009. Got converted my L1 to H1 with same employer during this visit (H1 Approval date starting 1 Oct 2009). I returned back on 14 Dec 2009.

3)I travelled back on H1 after duration of 1 year on 26 feb 2011 and returned back on 30 Nov 2013

[shervin143]

13 Sep 2008

[sandeep200321]

H1, L1 stay calculation query

Hi, I maintained 1 year gap between step 2 and step 3. Shouldn"t my clock be reset?

[sandeep200321]

Thanks for reply Shervin

Please note that I have more than 1 year gap between step 2 and step 3. Shouldn't my clock be reset for H1 ?

[raghvi]

Thanks for reply Shervin

Please note that I have more than 1 year gap between step 2 and step 3. Shouldn't my clock be reset for H1 ?

It would have reset had you got yourself a new H1 petition after completion on 1 year.

This is my opinion not legal advice.

[shervin143]

It would have reset if you have filed the H1B petition after spending 1 year outside U.S under a brand new H1B CAP. In your case, you filed the H1B as a COS from L1. So the clock won't reset. H1B + L1 = 6 years.

Thanks for reply Shervin

Please note that I have more than 1 year gap between step 2 and step 3. Shouldn't my clock be reset for H1 ?