Immigration Issues/H1B Reset

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Question
Hi,
After working in US on H1B for 2.5 years, I returned to India and worked for 1.5 years. I then again have come back to US on the same visa - all along I have been with the same company and on the same H1B.
My question is - Has my H1B been reset to 6 years automatically since I was in India for >1 year (and would get extended when my company files for extension)?
or
Would I need to request my company to file for a fresh H1B, so that my reset takes effect?

It would be a great help if you can help me here please!
Thanks!

Answer
Hi,

Your company will have a choice of whether to request extension of your H1B status for the "remainder" of the six years aggregate in H1B status that the beneficiary is normally entitled to (time spent outside the U.S. is not counted towards the six year clock) or, in the alternative, to request admission as a “new” H-1B beneficiary who seeks to qualify for a new six-year admission period (without regard to the beneficiary's eligibility for any “remaining” admission period) after having been outside the United States for more than one year.

Note: The burden of proof rests with the documents submitted with the H1B petition to show that the beneficiary has been outside the United States for one year or more and is eligible for a new six-year period, or that he or she held H1B status in the past and is eligible to apply for admission for the H-1B “remainder” time. Petitions should be submitted with documentary evidence of previous H1B status such as Form I-94 arrival-departure records, I-797 Approval notices and/or H-1B visa stamps. “New” H-1B petitions are subject to the H1B numerical limitations ("visa cap") unless they qualify for an exemption.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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