Can I get a 6-year clock reset WITHIN 6 years of original H1B visa?

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BACKGROUND: - I have been on H1B since Oct 2006 - I have been out of the US multiple times totaling 1.5 years but I haven't recaptured that non-H1B time yet. - Currently I'm again out of the US for the last 10 months, since this time I got a 221(g). My visa got denied by the US embassy and is currently back with the USCIS for review with a status now of "Post Decision Activity" MY QUESTIONS: 1) Since I am still within the 6-years of my original H1B visa, will the 6-year clock reset if I stay another 2 months and complete the 1 year outside of the US? 2) If I were to go to the US on a B1 visa now (ie 10 months into my current time outside of the US), will it interfere with the 6-year clock reset? 3) After the B1, if I eventually file for H1B again, with it be a H1B transfer, or a new H1B?

Attorney Answers

2
J Ferrari ·
1. Yes 2. Yes 3. To reset, it has to be a new H-1B under a new cap.
0 upvotes
F Capriotti 2793192.Html ·
Yes, stay out 2 months & the clock can be reset. Keep good records of your absence from the US.
0 upvotes