I had my H1B approved from Oct 01 2007 to July 2010 however i just stayed in USA for 6 months on this petition then i came back to India.
Then I got my L1 petition from 2010 to 2013 and i stayed in USA for appr. 2 years (not at a stretch).
Again in Sep 2013 i got my new H1B and I am in USA till date. (1Y + 3 months.)
So i would like to know since there is more than an year gap between two H1B will that H1B period gets reseted or L1B period is also calculated in this.
No since your new visa was still a continuation of your tenure, it gets counted.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Ask the immigration lawyer who prepared and filed your second H-1B - am sure claimed "recaptured time" for all the period between 2008 to 2010 when you were absent, in Hindustan. Consequently, you are not in a new, "freshly" reset 6 year H-1B. To be able to obtain your next extension when this one expires your employer would have had to file a PERM LCA on your behalf at least 365 days prior to your present H-1B's expiration. Employer has not: otherwise you would have mentioned it here. Consequently looks like there will be no "7th year extension" of your H-1B once this one expires and to "reset" you will need to spend one year outside USA.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
H1B beneficiaries who have spent less than 6 years in the US but who have since departed the US for a year, are entitled to choose between getting a full 6 years on readmission and being counted against the cap; or resuming the initial 6 years upon readmission and not being counted against the cap. Since you went back to India for more than a year, you may elect your six years to start from your L1 petition in 2010. I would verify this analysis with other attorneys, though to make sure we are all in agreement.
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