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  • H-1 Counter Reset

    Hi Experts,

    I spent time in US from June 2007 to October 2009 (2.5 Years) on H-1B. My visa had 3.5 years left, when I had to head back to India on October 12, 2009. I re-entered US on December 12, 2010 which is more than 365 days.

    1) Has my H-1B counter reset? i.e. will I be eligible to stay in US on H-1B and get extensions till I work in US for 6 years starting December 12, 2010?

    2) My employer recently filed my extension and told me that I just have 3.5 years left on my visa and my extension will be filed till June 2014 (3.5 years). So I am confused whether my counter has reset or not. Please help

    Thanks
    Vijay

  • #2
    To get a fresh 6 year period, you should have returned back on a fresh H1B that is filed under a new CAP? If not, your H1B clock isn't reset eventhough you have spent 1 year outside U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank You

      Thanks Shervin. So basically spending one year outside US only makes you eligible for a fresh H-1B application.

      Comment


      • #4
        H1B CAP Reset

        A fresh H1B application after spending 1 year outside U.S, will get a new 6 year term on your H1B. A fresh H1B before completing 1 year outside U.S will not reset your H1B clock. Similarly, using a old CAP to re-enter U.S will not reset your H1B clock (Even if you have spend 1 year outside U.S).

        Originally posted by VijayUS View Post
        Thanks Shervin. So basically spending one year outside US only makes you eligible for a fresh H-1B application.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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