Immigration Issues/Clock Reset

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Question
QUESTION: Hi Ajay,

I have earlier posted a question which was too long.. so here is the short version.

I entered US and stayed here on L1B for 2.4 months continuously I then moved out. My employer applied new L1B petition ( before 365 days but I returned to US after 1.3 years ). I have now stayed for 3 years and when I changed to H1B I got petition approved for 3 more years and VISA as well.

I believe my Clock is reset when I stayed outside of US for more than 365 days and that's the reason USCIS too approved.  Please correct me if I am wrong.

Thanks in advance and appreciate your free and valuable service to us.

ANSWER: Hi,

Correct, the clock was reset since you stayed outside the U.S. for at least one year. You have a period of 6 years starting from when you entered the U.S. after your 1.3 years absence.


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QUESTION: Thank you Ajay for the response

The reason I asked this is because I have browsed many other popular forums like Murthy and Immihelp and everywhere they replied saying that it was not reset because my L1B (new petition ) was filed before completing 365 days . I don't think USCIS has approved it in error because I have seen two of my frns in same situation and got their petitions approved just like me.

In what scenario do we have to wait for 365 days before applying for a new petition ?

Thanks.

ANSWER: It may have been filed before completion of 365 days, but from your email it appeared that the requested employment start date stated on the new L1B petition filed with the USCIS was more than 365 days after your departure from the U.S.

In any case, I stand by my initial response for the particular facts described in your email.

---------- FOLLOW-UP ----------

QUESTION: Hi Ajay,

Thanks for the response. I verified the petition and I see that the employment start date in petition is one month prior to completion of 365 days unfortunately. Is that a problem ?

Thanks.p

Answer
I can say that it would not have been a problem if the start date on the L1B petition was one year or more from completion of 365 days.

However, if the H1B petition that was filed accurately disclosed all of your earlier stays in L1B status, then it should be OK.

Immigration Issues

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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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