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H1B-->OPT-->H1B, Is Clock Reset Needed?

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  • H1B-->OPT-->H1B, Is Clock Reset Needed?

    I completed first 6 year term on H1B and then switched to F1. Now I am going for OPT and will apply for H1B. I am getting mixed replies from many consultants. Some say there will be no problem, some say that H1B clock has to be reset and you have to stay out for one year

    This was posted on https://www.facebook.com/desiopt1 on march 11th 2013

  • #2
    It is better to talk to an attorney, you can call attorney's listed on DesiOPT.com for free advice. Readers do share your thoughts

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    • #3
      As per below link - Once the six year cap is reached, the foreign national must be physically outside the U.S. for one full uninterrupted year in order to “reset” the 6 year clock. Read More at http://www.usavisanow.com/h-1b-visa/...wal-extension/

      H1B Visa Renewal Extension Rules
      www.usavisanow.com
      How to apply for the H1B Visa Renewal Extension.

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      • #4
        Also read about "The foreign national is recapturing time spent outside the US during the past 6 years in H-1B status" See if this is applicable for you

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        • #5
          If you have stayed outside the US like went for a visit or vacation back to your home country etc. you can recapture that time which you have stayed outside US during your 6 years time period on H1 B VISA.

          For that you need to do the following things:
          1. Initiate a green card processing from the employer with whom you are working under and get your "PERM" approved which is the first stage and have your company to file for premium processing for your "I-140" approval which is the second stage in the green card processing. You will get your approval for I-140 l within 2 weeks of the processing time.
          2. After I-140 is approved. Your employer will file for" H1 B" VISA with your left over time outside US (i.e. recaptured time) also in premium processing and you will receive the approval in two weeks I suppose and you are good to go from there on.

          Note:
          1. Premium processing fee is about $1500 which you might have to pay extra from the regular processing. If you plan for regular processing your case might take some time to get the approval and it might be delayed if you dont have proper documentation. To avoid all these you can go for premium processing.
          2. If you have used the recaptured time of your H1 B VISA already then it might be a little difficult for filing new H1 B VISA.
          3. I would suggest you to consult a Immigration attorney for the latest changes or updates in the policy and make yourself more informed and updated with latest changes.
          I hope this info. will provide some help.

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          • #6
            Srinivas Rao K Thanks for sharing your thoughts

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            • #7
              What is there is no Recapturing time left?

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              • #8
                then you cannot get back onto H1B visa after the OPT period is completed. i heard that green card processing can be initiated in the OPT period please check with an attorney for more clarification on this.

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