Reset of Clock on the H-1B

[idebn]

I worked in the US on an H-1B visa from Dec 2005 to Nov 2009. Upon being laid off and being a Canadian citizen, I moved back to Canada in Nov 2009.

Now I have a new job offer and since I surrendered my I-94 on my way out of the US in 2009, I have been informed that a new H-1B petition will be filed. I understand that the clock will be reset on the duration of my work permit since I have not worked in the US for over 12 months.

During the period from Dec 2009 to date, I have traveled abroad to a number of countries from Canada and also made several trips to the US to visit family and friends. When I added up the trips to the US, it seems that I have spent close to two months in the US spread over the past year.

My question is: do I have to take into account these two months while determining the 12 month period for a reset of the clock on the H-1B visa? Or does the fact that I have not worked in the US since Nov 2009 (over 12 months) by itself reset the clock on the H-1B?

Thanks for any guidance.

 

[ginnu]

I worked in the US on an H-1B visa from Dec 2005 to Nov 2009. Upon being laid off and being a Canadian citizen, I moved back to Canada in Nov 2009.

Now I have a new job offer and since I surrendered my I-94 on my way out of the US in 2009, I have been informed that a new H-1B petition will be filed.

I understand that the clock will be reset on the duration of my work permit since I have not worked in the US for over 12 months.
-----------------Correct
During the period from Dec 2009 to date, I have traveled abroad to a number of countries from Canada and also made several trips to the US to visit family and friends. When I added up the trips to the US, it seems that I have spent close to two months in the US spread over the past year.
----------------The trips to US were for visit not for work.
My question is: do I have to take into account these two months while determining the 12 month period for a reset of the clock on the H-1B visa? Or does the fact that I have not worked in the US since Nov 2009 (over 12 months) by itself reset the clock on the H-1B?

Thanks for any guidance.

-----------------

 

[idebn]

Thanks Ginnu.

My lawyer has indicated that my 'presence' (even if personal and not for work) in the US will result in a delay in my ability to start working in the US again under a new H-1B visa. This is contrary to my understanding and surprising to me. What are your thoughts?

Thanks.