QUESTION

Will my H1B max-out clock be reset if I stayed Out-of-USA for 2 years?

Asked on Jul 27th, 2018 on Immigration - Connecticut
More details to this question:
Hi, I worked in USA from 2011 to Nov 2014. From Dec 2014 to Feb 2017, I was out of USA. Then I came back to USA from Feb 2017 to May 2017. Then went out of USA. Finally came back to USA on May 2018. Will my max-out clock of 6 years be reset as I stayed continuously 2 years out of USA? Any information in this regards is highly appreciated. Thank you.
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1 ANSWER

Personal Injury Attorney serving Stratford, CT
4 Awards
My understanding is that the a  clock reset needs two conditions,  1) you must be out of US for more than one year and file a new petition in new cap. (Since it sounds like  you re-entered on an old petition/cap, based off of your question, the clock would not reset. ) 2)In order to stay beyond six years H1 physical presence in US one needs to either a. Have PERM filed at least 365 days prior to 6th Year completion (this would enable filing H1 extension for 1 Year). OR b. Have I140 approved by the time 6th Year completes (this would enable filing H1 extension for 3 Years). It does not sound like you qualify for 2.a. above, therefore your hope is 2.b.  If there is audit it can take 1+ Year for I140 approval. Either way, I highly reccomend have a consultation with an experienced Immigration Attorney, like my partner, Amy Morilla. Please contact her at our offices if you need further assistance. 203.870.6700  
Answered on Aug 14th, 2018 at 11:14 AM

Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals

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