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H1 Validity
Hi,
I've few clarifications on H1 Validity and stay. Appreciate your response on the below scenarios:
1. Got the H1 first time for 3 yrs and got stamped. Worked in US for 1 yr, then stayed outside US for 1 yr. Came back to US on rest of the 1 yr validity. Now my max stay on H1 in US is 3 yrs which is counted from the day 1 of petition approval with subsequent H1 extension(s) (OR) counted as 6 yrs from the day I back into the US (after staying outside US for 1 yr) ?
2. Worked 3 yrs on H1 and petition expired without GC process, so left US. If I need to get in to US on H1 within 1 yr, do I need to go through April 1st filing quota (OR) apply H1 under CAP exempt with the new job offer? For this scenario , my max stay in US will be 3 yrs (OR) 6 yrs with subsequent extensions?
3. Worked in US continuously for 6 yrs without GC process, left US. If I need to come back to US do I need to go through April 1st filing quota (OR) apply H1 under CAP exempt with the new job offer?
4. Worked in US for 6 yrs continuously without GC process and moved on to H4 while I'm in US bcos spouse got valid H1 petition. Now to file H1, do I need to go through April 1st filing quota (OR) apply H1 under CAP exempt with the new job offer ?
5. Worked 3 yrs and changed the staus to H4 for 6 months (spouse has H1) without GC process. Can I apply H1 directly under CAP exempt or through April 1st filing?
6. Is there any time frame or what's the max period one can stay on change of status (from H1 to H4 ) with approved I-140 and beyond 6 yrs stay on H1 in US? If anyone stays beyond 1 yr is this going to impact I-485 filing and if so, how serious those issues are?
Thanks,
KK
I've few clarifications on H1 Validity and stay. Appreciate your response on the below scenarios:
1. Got the H1 first time for 3 yrs and got stamped. Worked in US for 1 yr, then stayed outside US for 1 yr. Came back to US on rest of the 1 yr validity. Now my max stay on H1 in US is 3 yrs which is counted from the day 1 of petition approval with subsequent H1 extension(s) (OR) counted as 6 yrs from the day I back into the US (after staying outside US for 1 yr) ?
2. Worked 3 yrs on H1 and petition expired without GC process, so left US. If I need to get in to US on H1 within 1 yr, do I need to go through April 1st filing quota (OR) apply H1 under CAP exempt with the new job offer? For this scenario , my max stay in US will be 3 yrs (OR) 6 yrs with subsequent extensions?
3. Worked in US continuously for 6 yrs without GC process, left US. If I need to come back to US do I need to go through April 1st filing quota (OR) apply H1 under CAP exempt with the new job offer?
4. Worked in US for 6 yrs continuously without GC process and moved on to H4 while I'm in US bcos spouse got valid H1 petition. Now to file H1, do I need to go through April 1st filing quota (OR) apply H1 under CAP exempt with the new job offer ?
5. Worked 3 yrs and changed the staus to H4 for 6 months (spouse has H1) without GC process. Can I apply H1 directly under CAP exempt or through April 1st filing?
6. Is there any time frame or what's the max period one can stay on change of status (from H1 to H4 ) with approved I-140 and beyond 6 yrs stay on H1 in US? If anyone stays beyond 1 yr is this going to impact I-485 filing and if so, how serious those issues are?
Thanks,
KK
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