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  • H1 extension time after 1 Yr out of US

    Hi,

    I am in confusion on H1-B Visa Clock Reset when we stay out of US for more than 12 months period. My H1 was expiring on 26-Sep-2013. Since overall duration of H1 is 6 Yrs, I was advised that I have another 4.5 months left based on my Entry & exit dates. Hence my employer filed Extension during Aug 2013.

    While I didn't receive my Extension approval Notice till Feb-14, hence I left US on 16-Feb thinking that it's my last day based on 6 yr calculation. But after leaving US, I got my extension approved with dates 27-Sep-2013 till 16-Jan-2016.

    Following are my US stay details on same H1

    Entry Date Exit Date No of Days
    22-May-06 18-Mar-08 670
    18-Oct-08 22-Nov-08 35
    09-Dec-09 08-Feb-12 791
    12-Mar-12 16-Feb-14 707

    Somebody told me that the counter is always reset to 6 years if you stay outside of USA for more than 1 year. Since I was out from us for more than 1 Yr ( 22-Nov-2008 till 09-Dec-2009), It would have reset my H1 B visa 6 yrs clock. It seems that USCIS also calculated exactly 6 years from 9-Dec-2009 while approving my H1 extension.

    Now currently I am in India, So if I stay another 8 months (till Mar 2015 as I left US on 16-Feb ) to complete my 1 Yr out of US, will it again reset my H1 to 6 Yrs. Can you pls advise.

    Thanks

  • #2
    Re: H1 extension time after 1 Yr out of US

    Do not confuse yourself with the clock reset after 1 year even when you have stayed outside USA for a complete year. Based on the details provided it seems you have already stayed in the US for 2203 days against the maximum allowed 2190 days (i.e. 6 years). By this logic you have already over-stayed for 13 days. Following are the steps -

    1. When you apply H1b for the first time it has to be a cap subject application. (This application can be extended max up to 6 years without Green Card processing.)

    2. Based on the end date in your first application, you typically apply for H1b extension. (can be extended max up to 6 years without Green Card processing.)

    3. At the end of 6 years, you will have to leave the country if you have not applied for Green Card processing.

    4. You can re-enter with another cap subject H1b petition after keeping a gap of at-least 1 year.

    It does not matter how long you stay outside the US. If you re-enter the US on your first cap subject petition your clock will not get reset. The clock resets only after step 3 explained above.

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    • #3
      Hi. I have a question similar to the question posted in this thread - My first h1b was approved on Oct 1 2010 and I have changed a couple of companies after that. I never left the US till Feb 2014 when I got a transfer to India within the company that I was working for. Now, if I want to go back to the US what will the procedure be like? I would like to know this procedure for both transfer back to US within current company as well as if I get a job with a different employer.
      Also, how long can I work in the US if no company files a green card for me.

      ( The validity date on my current I-94 is October 29 2016 ).

      Thanks in advance!

      Comment


      • #4
        Re: H1 extension time after 1 Yr out of US

        Assuming you entered USA in October 2010 and left in February 2014. By this you have completed approximately 41 months of stay out of the limit of 60 months. On your current petition you will have another 19 months to stay in USA if there is no GC application filed for you.

        I-94 end date has no value if your petition has expired. Assuming your petition is also valid until October 29, 2016, you can re-enter with the same employer or get your petition transferred to a different employer before re-entering. You may have to go for visa stamping again if your visa is expired.






        Originally posted by anakinNYC View Post
        Hi. I have a question similar to the question posted in this thread - My first h1b was approved on Oct 1 2010 and I have changed a couple of companies after that. I never left the US till Feb 2014 when I got a transfer to India within the company that I was working for. Now, if I want to go back to the US what will the procedure be like? I would like to know this procedure for both transfer back to US within current company as well as if I get a job with a different employer.
        Also, how long can I work in the US if no company files a green card for me.

        ( The validity date on my current I-94 is October 29 2016 ).

        Thanks in advance!

        Comment

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