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The following are my stays in the US.
Mar 2008 – Sep 2010 in the US – on L1
Oct 2010 – Sep 2011 – Home Country (1 year full year)
Oct 2011 – Sep 2014 in the US – First 3 years of H1b
Oct 2014 – Sep 2017 in the US – Second 3 years of H1b
I was initially on L1 (from Mar 2008 to Sep 2010) and left the US and went back to my home country. On April 2011 my company filled for a fresh H1, which was approved and I started working for the company in the US starting 1st Oct 2011. The first 3 years for my H1 was from Oct 2011 to Sep 2014. Then my company filed for next 3 years of my H1 extension on Sep 2014, which was approved from Oct 2014 to Sep 2017.
Earlier this month my company sends me a notice that my second extension of H1b is not valid. The reason given to me – I was out of the US for 1 year, ideally it should be I have to be out of the US for 1 year before my company can start filling for a fresh non-immigrant visa. Since my H1b was filed on April 2011, the company is saying, it is not considered as a 1 full year outside of the country for filling a new non-immigrant visa; hence my L1b stay will also be considered for the 6 years for H1b. They have asked me to stop working immediately and return to my home country.
My question – what is the rule for a new non-immigrant visa? Do I have to stay outside the US at least for 1 year before filling or 1 year to start the new non-immigrant visa?
Moreover if my company is giving me correct information, why did USCIS approve my H1b for all of 6 years, knowing all my previous travel (in and out) dates? They approved my H1b, 2 times with no RFE and no information about my previous travel and along with in-out dates were hidden or not submitted.
I want to know the rule regarding this scenario, and/or my company is coming up with their own rule/policy.
Thanks
Pramit Sengupta
Mar 2008 – Sep 2010 in the US – on L1
Oct 2010 – Sep 2011 – Home Country (1 year full year)
Oct 2011 – Sep 2014 in the US – First 3 years of H1b
Oct 2014 – Sep 2017 in the US – Second 3 years of H1b
I was initially on L1 (from Mar 2008 to Sep 2010) and left the US and went back to my home country. On April 2011 my company filled for a fresh H1, which was approved and I started working for the company in the US starting 1st Oct 2011. The first 3 years for my H1 was from Oct 2011 to Sep 2014. Then my company filed for next 3 years of my H1 extension on Sep 2014, which was approved from Oct 2014 to Sep 2017.
Earlier this month my company sends me a notice that my second extension of H1b is not valid. The reason given to me – I was out of the US for 1 year, ideally it should be I have to be out of the US for 1 year before my company can start filling for a fresh non-immigrant visa. Since my H1b was filed on April 2011, the company is saying, it is not considered as a 1 full year outside of the country for filling a new non-immigrant visa; hence my L1b stay will also be considered for the 6 years for H1b. They have asked me to stop working immediately and return to my home country.
My question – what is the rule for a new non-immigrant visa? Do I have to stay outside the US at least for 1 year before filling or 1 year to start the new non-immigrant visa?
Moreover if my company is giving me correct information, why did USCIS approve my H1b for all of 6 years, knowing all my previous travel (in and out) dates? They approved my H1b, 2 times with no RFE and no information about my previous travel and along with in-out dates were hidden or not submitted.
I want to know the rule regarding this scenario, and/or my company is coming up with their own rule/policy.
Thanks
Pramit Sengupta
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