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H1B status 6 year limit

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  • H1B status 6 year limit

    Hi,

    Please clarify the below.

    My initial H1B petition filed by company XYZ and it was approved for only 2 years (from 01oct2006 to 30sep2008) as they filled for 2 years only. So i came to US in Jan 2007 and worked with the same company XYZ till Aug '2008 and went to india. Before Aug 2008 they filed H1B extension and it was approved in Sep 2008 and i went for stamping in india in Nov 2008 and it was successful. But i din't use that petition till Mar 2010 and i came back to US on a approved H1B (renewal) in Mar 2010 with new stamping and working for the same company XYZ who did my initial H1B and renewal too. The same company XYZ is going to file for H1B extension for the second time as my current petition is expring on 30 sep 2011.

    I have the 2 below questions for my case.

    1. Will the ACWIA (Training) H1B Fee: $1500 is applicable for my 2 nd time H1B renewal with the same employer ?

    2. Since I was out side of USA for the period from Sep 2008 to Feb' 2010(more than 365 days), will my H1B 6 years count is reset to my latest US entry Mar 2010 or the period from Jan 2007 to Aug '2008 (1 year 8 months ) is also counted towards the H1B 6 years limit.

    Please provide your replies to my queries.

    Thanks,
    Syed.

  • #2
    1. Will the ACWIA (Training) H1B Fee: $1500 is applicable for my 2 nd time H1B renewal with the same employer ?
    >>> Check the form I-129 instruction in uscis.gov. If I remember correctly, it is applicable for the new H1B petition that is filed for the first time and for the first renewal. It is not applicable for the second or later renewals. Check the instruction. I might be wrong.

    2. Since I was out side of USA for the period from Sep 2008 to Feb' 2010(more than 365 days), will my H1B 6 years count is reset to my latest US entry Mar 2010 or the period from Jan 2007 to Aug '2008 (1 year 8 months ) is also counted towards the H1B 6 years limit.
    >>> Since you came back on the same CAP, the time that you have already spent in that CAP counts and your h1b clock didn't get reset.
    Not a legal advice. Use of this information is strictly at your own risk.

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