How years of stay in US calculated

[patka]

Hi,

I was in US in L1 visa from June 2002 to Dec 2002 (6.5 months), then came back to India and again was in US from Mar 2005 to Nov 2005 (9 months) in L1 visa. Then I stayed in India for 11 months and went to US from Nov 2006 to Dec 2007 (13 months) in L1 visa. Now I am India and one company B applied for my H1, it seems the application is selected in Lottery (money is debited from bank a/c) and Company B is asking me to be ready to start working from 1st Oct 2008.

My questions are: As I came back to India on Dec 2007 and if I go to US in Oct 2008 (i.e. after staying in India for 10 months) will the clock in US stay start from Mar 2005? or it will start from Oct 2008 only as earlier I stayed in US in L1 visa and now will move in H1 visa. And how long I can stay in US in this scenario in case greencard processing takes lot of time?

If the clock starts from Mar 2005, then how to reset that clock? do I need to to be in India for one year before travel to US? i.e. travel after Dec 2008?

Thanks in advance.

 

[manwithnoname]

Please read this article first. You can either recapture the unused time on the H-1B visa or spend a year abroad and become eligible for cap subjected 6 year term.

 

[patka]

Thank you very much for the reply and attachment. My doubts are now clear.

Thanks,