Noone

Hi - I'm getting conflicting answers on this question.

I was in the US for 18 months on an L-1 (which also seems to count towards the H1 6
year limit)

Then I left for 14 months, didn't even visit the US, worked totally out of the US.

Then I came back again, new company, new visa and have been here for 20 months.

Question: Did my 14 months out of the country reset my H1-B 6-year clock or not? It
matters, I either have 34 months here, or 54 months here.

My lawyer seemed to think not, but I don't understand that. Is there a minimum time
you have to spend in the country before you can go away and reset the clock?

Thanks

Joachim Feise

noone wrote:
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The time on L1 and H1 combined can't be more than 6 years.

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Hmm, I seem to remember that the law was clearer on this. I just looked it up, in 8
CFR Sect. 214(h), online at http://www.ins.usdoj.gov/lpBin/lpext...serts/slb/slb-
-15/slb-10417/slb-16541/slb-17710?f=templates&fn=document-frame.htm&2.0 <<<
(iii) H-1B limitation on admission.

(A) Alien in a specialty occupation or an alien of distinguished merit and ability
in the field of fashion modeling. An H-1B alien in a specialty occupation or an
alien of distinguished merit and ability who has spent six years in the United
States under section
101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be
readmitted to the United States under section 101(a)(15)(H) or (L) of
the Act unless the alien has resided and been physically present
outside the United States, except for brief trips for business or
pleasure, for the immediate prior year.
[usenetquote2]>>>[/usenetquote2]

For my layman's eyes, this looks as if this only applies to people who have used the
full six years.

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From the excerpt above, I, as a non-lawyer, would tend to agree. However, there may
be additional procedural notes that apply, so I think you should get a second opinion
from another lawyer.

-Joe

Roland King

[usenetquote2]> > I was in the US for 18 months on an L-1 (which also seems to count towards the H1[/usenetquote2]
[usenetquote2]> > 6 year limit)[/usenetquote2]
[usenetquote2]> > > Question: Did my 14 months out of the country reset my[/usenetquote2]
[usenetquote2]> > H1-B 6-year clock or not?[/usenetquote2]
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how bizzare - I wonder how I actually do that in practice, seems that you have to
ensure you overstay by a day else you have to get a new H1, come back for one day,
and then leave for 12 months. If you truly have to be here for 6 years and not one
day less, I better ensure that my employer doesn't ship me overseas until the last
possible day, else I have to come back and work the last few days balance.

Thanks for the reference.

Roland