L-to-H Conversion; does Max-Out get reset if back in US after staying out for 1 year?

[viswanaths]

Hi everyone,
I am currently on L1B in the USA and my visa maxes out on May 20 before which I plan to travel back to India. My company is applying for L-to-H conversion for me this April which they said will be valid only for 1 year if it gets approved.

I quickly wanted to check if I stay out of the US for 1 full year before I come back for on H1B, would my max-out be reset and the 6 year period for H1B starts again OR no matter when I come to the US, I will only get 1 year?

Thank you!

Regards,
Viswa

[raghvi]

Hi everyone,
I am currently on L1B in the USA and my visa maxes out on May 20 before which I plan to travel back to India. My company is applying for L-to-H conversion for me this April which they said will be valid only for 1 year if it gets approved.

I quickly wanted to check if I stay out of the US for 1 full year before I come back for on H1B, would my max-out be reset and the 6 year period for H1B starts again OR no matter when I come to the US, I will only get 1 year?

Thank you!

Regards,
Viswa

If you want fresh 6 Year of H1 validity, you should apply after staying out of US for 1 Year, that is leave before March 31st 2016, and apply 01-April 2017 for a start date of Oct 2017. Applying on 01-April-2016 and staying out till 01-April-2017 and travelling on that H1 file don 01-April-2016 would not reset your clock.

This is my opinion not legal advice.

[viswanaths]

Thank you

Thank you Raghavi for the advice!

[viswanaths]

If you want fresh 6 Year of H1 validity, you should apply after staying out of US for 1 Year, that is leave before March 31st 2016, and apply 01-April 2017 for a start date of Oct 2017. Applying on 01-April-2016 and staying out till 01-April-2017 and travelling on that H1 file don 01-April-2016 would not reset your clock.

This is my opinion not legal advice.

Just a quick clarification,
If I leave before the end my Max Out (which is 20 May 2016) but some time in May 2016 and the application is filed in April 2017, let's say it gets approved and stamped, would the Max Out timer be reset? Or would I still get only 1 year on the H1B after which it will Max Out again?
OR
Would I have to leave before April 2016 and file for a new H1B in April 2017 to get the Max Out timer reset?

Also, just for understanding,
Let’s say that my H1 visa is filed in April 2016 itself and gets approved and stamped
1. If I leave before the application is filed in April, and plan to come back on H1B one complete year later, would the Max Out timer be reset?
2. If I leave before the end my Max Out but after the application is filed in April, and plan to come back on H1B one complete year later, would the Max Out timer be reset?
From what I understood, last 2 answers are No. Please correct me if I am wrong.