How to determine whetheror not anH-1B cycle has been reset?

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How to determine whetheror not anH-1B cycle has been reset?

I am working for Company A. Company A filed my H1B and I was in the US from for over 1 1/2 years on an H-1B. After that, I returned to India and stayed there for next 1 1/25 years until 9 months ago working for the same company in India and again came back to the US on the same extended H-1B visa. Currently, I am still in the US. Has my H-1B cycle been reset due to my stay in India or is it not reset as I came back to the US on the same extended H-1B visa?

Asked on February 21, 2012 under Immigration Law, North Carolina

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

Hello. It is likely that since you used the same company and same H1b that you did not reset your H1b clock. Typically, your clock is reset after maxing out at 6 years. You can count the time you spent outside the US to add back for more time in H1b status.

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are probably still on the same 6 year maximum cycle of the H-1B, of which you have used up 1.5 years from before and however long you have been in the US now on the visa.  If you were working in India for the same company, however, depending on the type of position in India and now in the US, you may qualify for a L-1A visa which would expedite the ultimate getting of the green card.


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