H1 Time Reset - got extension approved beyond 6 yrs

[suresh12345]

Hi All,

Please help me by giving your valuable answers on this post.

I am on H1B and I thought i will get the new extension till June 7, 2014 only as I am completing 6 years of stay in USA by then. But surprisingly I got extension till Dec 11, 2015 (I dont know why I got till Dec 11, 2015. Looks like my H1B time got reset as I was out of country for 18 months inbetween but i am not sure). My question: is it possible for me to stay in USA till my H1B is valid.

Below are my H1B trips details.

1St trip
09/03/2006 to 03/07/2008

I got my H1B extended in US and travel back to India. There is gap of 18 months between my 1st and 2nd trip


Second trip
09/26/2009 to 11/25/2010


Third trip
01/11/2011 to 09/30/2011

Fourth Trip
10/30/2011 to Till Date


I hope you understand my situation here. Please provide me your inputs.

Thanks,
Suresh

[raghvi]

Hi All,

Please help me by giving your valuable answers on this post.

I am on H1B and I thought i will get the new extension till June 7, 2014 only as I am completing 6 years of stay in USA by then. But surprisingly I got extension till Dec 11, 2015 (I dont know why I got till Dec 11, 2015. Looks like my H1B time got reset as I was out of country for 18 months inbetween but i am not sure). My question: is it possible for me to stay in USA till my H1B is valid.

Below are my H1B trips details.

1St trip
09/03/2006 to 03/07/2008

I got my H1B extended in US and travel back to India. There is gap of 18 months between my 1st and 2nd trip


Second trip
09/26/2009 to 11/25/2010


Third trip
01/11/2011 to 09/30/2011

Fourth Trip
10/30/2011 to Till Date


I hope you understand my situation here. Please provide me your inputs.

Thanks,
Suresh

Even if you had stayed more than 12 Months outside US, if you used the same petition and extended it, the clock would not have got reset.

USCIS sometimes makes mistakes, don't try to benefit from it. They eventually will find out and if you misuse it they will take retroactive action.

Do spend some time with a good immigration lawyer to ascertain whether your clock indeed got reset.

This is my opinion not legal advice.

[miasanbm]

Even if you had stayed more than 12 Months outside US, if you used the same petition and extended it, the clock would not have got reset.

USCIS sometimes makes mistakes, don't try to benefit from it. They eventually will find out and if you misuse it they will take retroactive action.

Do spend some time with a good immigration lawyer to ascertain whether your clock indeed got reset.

This is my opinion not legal advice.

Can you please provide a link where the clock reset rule is documented?

[raghvi]

Can you please provide a link where the clock reset rule is documented?

Search for AD06-29

This memorandum revises: ·
Chapter 31.3(g) to include section (14) regarding appropriate of length of admission for H-1B aliens who have not exhausted their six-year maximum but have been absent from the U.S. for more than one year;


This is my opinion not legal advice.