6 years clock advice. Is it I have 6 years period of stay in USA.

[kbk0605]

Hi
I am having confusion on 6 years stay period. Can you please advice whether my clock is going to reset again, I can stay for 6 years with existing H1B. Or only left over period.

1. First visited to USA on L1B Sep 2007 till Oct 2008 (13 months)
2. 2nd Stay Nov 2008 to Jan 2009 (2 months)
3. 3rd Stay Dec 2009 to Feb 2011 (14 months)

Returned to India in Feb 2011. L1B got rejected in May 2012. Nov 2012 applied for H1B. Got the approval in Mar 2012.Petition valid from Mar 2012 To Sep 2013.Got the Visa Till Sep 2013.

H1B Amendment applied in April 2012. Got the approval with the following validity dates of June 2012 to Sep 2013.

Came to US on H1B July 2012.


Actually I stayed in India from Feb 2011 to July 2012. So more than one year but my H1B applied without completing one year period. Did my clock starts again. I can stay for 6 years? Is 6 years will be calculated depends upon the entry and exist dates in USA or depends upon petition applied date?


Regards
KBK

[raghvi]

Hi
I am having confusion on 6 years stay period. Can you please advice whether my clock is going to reset again, I can stay for 6 years with existing H1B. Or only left over period.

1. First visited to USA on L1B Sep 2007 till Oct 2008 (13 months)
2. 2nd Stay Nov 2008 to Jan 2009 (2 months)
3. 3rd Stay Dec 2009 to Feb 2011 (14 months)

Returned to India in Feb 2011. L1B got rejected in May 2012. Nov 2012 applied for H1B. Got the approval in Mar 2012.Petition valid from Mar 2012 To Sep 2013.Got the Visa Till Sep 2013.

H1B Amendment applied in April 2012. Got the approval with the following validity dates of June 2012 to Sep 2013.

Came to US on H1B July 2012.


Actually I stayed in India from Feb 2011 to July 2012. So more than one year but my H1B applied without completing one year period. Did my clock starts again. I can stay for 6 years? Is 6 years will be calculated depends upon the entry and exist dates in USA or depends upon petition applied date?


Regards
KBK

Something seems amiss: You say, "Nov 2012 applied for H1B. Got the approval in Mar 2012" then you say "Came to US on H1B July 2012." You probably need to sit with your passport and write down the exact dates of travel and on which visa and take it to the lawyer.
Also if you filed for fresh visa why wasnt it granted for 3 Years?

L1+H1 can be for 6 Years physical stay in US. If you have any time remaining in this 6 years you can try to recapture that. Also one needs to complete 1 Full Year outside US and apply for H1 after completion of 1 Year in order to be eligible for fresh 6 Years H1.

This is my opinion not legal advice.