Revalidation of Old H1

eswar1973

New Member
I got my H1 stamping first time in Jan-2000 and come to US in March 2000. I returned to home country in Nov-2001. H1 stamping was expired in Sept 2002. I came to US again on L1 in Jan 2007 and return to home country in March 2008. While I was on L1, I got a full time employment offer from an employer. My new employer’s attorney suggested applying for re-capturing my old H1 as I used my H1 for only 20 months. And hence they applied. I got my petition approved for 3 years (from Apr 2008 to Apr 2011). I got my H1 stamping for second time in Jun-2008.
I have questions about the validity of my H1; Can I apply for another 3 year term of extension once the stamping is expired in Apr 2011? Since I stayed outside US for more than 1 year does my H1 is re-set to 6 years validity or valid only the remaining period in 6 years (i.e. 6 years – 20 months)?
 
Your first H-1B stay clock has been "reset," but 14 months you spent in L-1 will be counted towards your new H-1B 6-year limit, because L-1s and H-1Bs are counted together when it comes to their stay limit, and you obtained H-1B in less than a year after you returned to your home country. Therefore you will need to subtract 14 months you spent in L-1 from your 6-year stay limit.
 
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