Legal Question in Immigration Law in Georgia

L1-H1 Clock Reset : I came back to India on 30-Jan-2013 from USA as my L1 visa was expired. Now My H1B has been approved and I want to go to USA. (1) But I would like to complete 1 year of cooling period in India sothat my old stay record will not be considered in future and I can stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario). Is this True ? (2) If yes, then how 1 year period should be calculated? For Ex. my USA move out date was 30-Jan-2013 then new USA move-in date would be either H1 Stamp Date or new I-94 date (i.e. the day when I�ll reach to USA)? Please suggest.

(3) I also heard that if you apply through fresh H1 quota then this calculation of 1 year is not applied. Whenever I�ll reach to USA, I�ll be eligible to stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario). (4) Can I transfer my H1B visa to another employer when I am staying in India ? Can you please send reply to my mail id [email protected]. Thank You


Asked on 12/01/13, 6:17 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

I did not slog through those details, and competent professionals are not going to solicit you with emails or calls. You also made a mistake by violating the rules here and posting your personal information and email address (which may be your name) for anyone in the world to see now since this is a public site. If you need a lawyer, contact an immigration lawyer in your area.

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Answered on 12/02/13, 3:11 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

The one year period outside of the country begins once you are admitted to your home country. You must remain outside the U.S. for 365 days. The new six year period begins once you are (re) admitted to the United States, in H-1B status, after being outside the country for the full 365 days.

You can only apply for a change in H-1B employers once you are admitted to the United States, in H-1B status, and begin working for the H-1B employer who petitioned you.

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Answered on 12/02/13, 3:53 pm


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