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5 and 1/2 years: H1-B Clock Reset

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  • 5 and 1/2 years: H1-B Clock Reset


    I have completed 5 and half years on H1-B with an employer and not planning to extend my stay beyond 6 years. however, I have few questions regarding the H1 clock reset. So requesting an expert advise.

    My visa will expire on Jul 2012 and I will be completing 6 years on the same day. If I happen to go to my home country before completion of 6 years (any time between now to Jul 2012) and plan to return after 1 year(provided that I still work for the same employer) Do I need to apply for a new H1 (fighting through quota) or does my H1 clock reset to zero and all I need is to just apply for H1 extension and return back for another 6 years?

    Please help!!


  • #2
    New petition will have to be subject to cap.
    Only the time you spend in the US in H1 or L1 status counts towards the 6 year limit.
    This is my opinion and not legal advice.


    • #3
      Unless the new petition is filed under a new CAP (quota) you will not get a fresh 6 year term even after spending 1 year outside U.S. If the employer file the petition under the existing CAP, then you will get only the remaining period in that CAP.
      Not a legal advice. Use of this information is strictly at your own risk.