Immigration Issues/H1B clock reset

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Question
Hi Ajay - just wanted to know how this H1B clock reset thing works.

Of the 6 years I have used 5 and relocated to India after an employer change. Now, if we go back to the US on the same visa after a cool off period of 1 year, do we get an extension for the remaining 1 year or does the clock get reset to 6 years?

Answer
Hi,

There is a choice for the employer when filing its H1B petition to request the "remainder" of the 6 years aggregate allowed in H1B status in the U.S. (which is one year remaining in your case), or else to select a full new 6 year term based on absence from the U.S. for one year, but this latter option means that the H1B petition will be subject to the visa cap.

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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