Clarification on H-1B Clock Reset Based on Previous L-1B Status

Sa__R

New Member
Hi Rajiv Ji,

I am currently on H-1B and previously I was on L-1B status for two years in the US and then left the US. While I was in my home country two months later, I was sponsored for an H-1B through the lottery from another company, but I waited more than one year before re-entering to the US on H1B status.

my question would be
Q1. The time I spent on L-1B will it count against my 6-year for H1B status?
Q2. Regarding the H-1B visa clock reset, is it necessary to apply for the H-1B visa after spending a full year outside the US, or does it still reset the clock if the H-1B visa is filed 2 - 3 months after leaving the US and then re-entry to the US after spending a full year outside the US?


Details:
  1. Time Spent on L-1B Status:
    • Nov 7, 2018, to Sep 17, 2019: L-1B status with Company A.
    • Jan 6, 2021, to Dec 15, 2021: L-1B status with Company A.
  2. Departure and Time Outside the U.S.:
    • Dec 15, 2021, to May 2, 2023: Remained outside the United States for approximately 1 year and 4.5 months.
  3. H-1B Petition Filing:
    • March 2022: Company B filed my H-1B petition while I was outside the U.S.
  4. Re-entry on H-1B Status:
    • May 2, 2023: I entered the U.S. to work for Company B under H-1B status.
Thank you in advance!
 
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