I worked in H1B status for more than 6 years and have an approved I-140. I have since been in India for more than one year. If a different company files an H1B petition on my behalf based on the approved I-140, will my 6-year clock be reset?
20 Jan 2014Answer:
No, in the example given, the clock would not be reset for six more years. It is a choice of which rule a person wants to use. If one is out of the United States for a full year, the six-year H1B clock resets. But, to take advantage of that, the H1B case must be filed as being subject to the cap. Alternatively, it is possible to avoid dealing with the H1B cap and use an approved I-140 to return for more H1B time. But, these rules cannot be combined. So, a choice has to be made before returning to the U.S. (20.Jan.2014)
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