Trying to understand is H1B clock reset with the new H1B application date or the day we enter into US again?

Question

Trying to understand is H1B clock reset with the new H1B application date or the day we enter into US again?

Anonymous Mar 1, 2016 2 views 3 answers

I have one question related to my H1B cooling period (365 days). I was in USA for 2 years 8 months on L1B visa and returned to India on 4/26/2012. Then, I have applied H1B visa in 2013 quota (April-2013, receipt date: 4/23/2013) and back to US on 3/16/2014. Although I have stayed more than one year outside of USA, I came to know that H1B clock would reset only if you apply H1B after one year.

Johnpaul Callan · Accepted Answer · 2026-06-15T17:08:22+00:00

Johnpaul Callan

Johnpaul Callan · Jun 15, 2026

What exactly is your question? Are you currently in the U.S. in H-1B status?

0 upvotes

Pascal Schunk · Accepted Answer · 2026-06-15T17:08:22+00:00

Correct - the reset only occurs if the new petition is filed after one year. Contact the company's US immigration attorney for assistance.

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Accepted Answer · 2026-06-15T17:08:22+00:00

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Jun 15, 2026

You need to show you have been outside of the USA for a full year before the new petition is filed with you as the beneficiary.

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Trying to understand is H1B clock reset with the new H1B application date or the day we enter into US again?

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