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H1B Extension (Clock Reset) possible? completed 4.5 years with L1 and H1 combined

Voorhees, NJ |

i came to US by May 2009 in L1 visa, continued my stay here till now, got my H1 visa by oct 2013, If i go to india by April 2014 and come back to US by May 2015 will i get to stay for another 6 years? (clock reset)
what is the best option i have to continue staying here (except GC) with minimal stay outside USA

Attorney Answers 1

Posted

If the trip abroad is for less than one year, the employer can "recapture" time spent abroad so that you receive 6 aggregate years in H1B status (or combined L1/H1B status).

If trip abroad is for one year or more, the employer has the option to ask for the "remainder" of the 6 years starting from when you first received H1B (or in this case combined L1/H1B) status, or it can file a "cap subject" H1B petition (probably at the beginning of April requesting employment start date of October 01) and then a new 6 year clock for H1B status will be created. Consult with your current immigration attorney for case specific advice.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.

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