H1 reset 1 yr condition: To file or to enter?

S

soomuh

Registered Users (C)
Dear Friends,

I need your help in confirming an important issue before I leave US.

I am currently in US, completed over 4 yrs in H1, and planning on leaving US to be in India for an year and apply fresh 6 yr H1 after count reset. I am leaving US in August 2008 and planning to be back in Oct 2009, which makes required one year.

However, while applying for fresh H1 in April 2009 for the 2009 quota, I will not have completed the minimum 1 yr period.

Does it matter to have completed one year during H1 filing itself or I can mention in application that I will stay out of country for one year till Oct' 09 and can get new 6yr term?

Your responses will be much appreciated. thanks!
 
I got the answer from other thread saying only I need to be outside US for 365 days and H1 application can be filed in mean time.

However, I guess that I have to state in the application that I am applying to reset, correct? How will the UCICS give 3 yrs in the I-797? Will they realize I am trying for reset or link it to my existing term and give it only for remaining 1 yr?
 
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