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Immigration Issues/L1 & H1B clock reset query

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Question
As on 22nd Dec, 2012, I had completed my 4.6 years on L1 and then I made a short trip for 2 more months from 13th, Mar 2013 to 30th May 2013. Then I came back to India, my H1 (NEW CAP) application processing was done in parallel the same year, got my H1B petition approved followed visa on Dec 2013.

My new H1B petition is now valid from Oct 1st, 2013 to June 15th, 2016, so is my visa.

Now, will my clock reset (or can I utilize 6yrs on my H1B) if I just stay in India till June 1st, 2014 (365 days since my last US return) and then travel to the US?

I heard some people say that clock resets only if I apply for a H1B in New cap after completing 365 days outside the US. In that case it looks like one has to actually stay outside US for more than 365 days. Does this apply to H1B new cap as well?

Also FYI, US visit dates mentioned on my I-129, pg 11 is, 07/05/2011 to 12/22/2012 which is incomplete.

Please help.

Answer
You were not absent from the U.S. for one complete year. Sometimes a very short trip, say a couple of weeks, is OK.

Therefore, the time spent in L1 status is counted towards the maximum of 6 years permitted in L1/H1B status, even though the H1B petition was subject to the cap. The USCIS has approved for H1B beyond the time that you were legally entitled to, and the USCIS decision appears to have been based on incorrect on incomplete information provided to the USCIS. Please check with your current immigration attorney about options.

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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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