Beyond 6 Years complete on H-1

[VijayUS]

Hi Experts:

Situation: I came to US for the first time in 2005 on H-1B. After multiple trips and 3 extensions, my visa will now complete its full 6 years in November 2013. No Green Card has been initiated for me by my employer.

Problem: During these multiple visits to India, I spent more than 1 year outside of US during 20010-11. When I returned on the same H-1 visa to the US and filed for extension, my employer did not file the extension under new cap even though I was eligible as I had spent 1 year outside of US. Because of this I got the extension only till November 2013, the point my H-1B finishes its 6 years tenure

Question: When my visa finishes in NOV 2013, am I required to go back to India and spend one year there to reset the clock for a new visa H-1B visa or the year that I spent during 2010-11 outside the US is enough for me to get a new H-1B visa?

Please help!!

Thanks
Vijay

[raghvi]

Hi Experts:

Situation: I came to US for the first time in 2005 on H-1B. After multiple trips and 3 extensions, my visa will now complete its full 6 years in November 2013. No Green Card has been initiated for me by my employer.

Problem: During these multiple visits to India, I spent more than 1 year outside of US during 20010-11. When I returned on the same H-1 visa to the US and filed for extension, my employer did not file the extension under new cap even though I was eligible as I had spent 1 year outside of US. Because of this I got the extension only till November 2013, the point my H-1B finishes its 6 years tenure

Question: When my visa finishes in NOV 2013, am I required to go back to India and spend one year there to reset the clock for a new visa H-1B visa or the year that I spent during 2010-11 outside the US is enough for me to get a new H-1B visa?

Please help!!

Thanks
Vijay

USCIS looks only at immediate preceding year. So your time spent in 2010-11 will not be counted. You would need to spend another year starting Nov-2013 , when you leave US, till Nov 2014, in order to file fresh H1 petition. Also, the petition has to be filed after 1 Year completion.

This is my opinion not legal advice.

[VijayUS]

USCIS looks only at immediate preceding year. So your time spent in 2010-11 will not be counted. You would need to spend another year starting Nov-2013 , when you leave US, till Nov 2014, in order to file fresh H1 petition. Also, the petition has to be filed after 1 Year completion.

This is my opinion not legal advice.

Thanks much!