Sarat_Manthena Posted March 9, 2017 Report Share Posted March 9, 2017 First came to USA with H1B in May 2010 and stayed until Feb 2011 Then went back to india and came back to USA in Feb 2013 and staying in USA from them onwards. For filing GC should i still consider initial 10 Months of stay in USA also in the 6 years period for H1B or will it be ignored as stayed for more than 1 year outside USA? Note: My current H1B is valid until Aug 2018. Ideally when should i start filling my Labour for GC? Link to comment
pontevecchio Posted March 10, 2017 Report Share Posted March 10, 2017 The 10 months is counted towards the 6 years. Any time an employer will file your PERM is a good time. Link to comment
JoeF Posted March 10, 2017 Report Share Posted March 10, 2017 You came back based on the same H1, the quota did not reset. The quota only resets if you are abroad for a year and then a new H1 under the quota is filed. Link to comment
Sarat_Manthena Posted March 10, 2017 Author Report Share Posted March 10, 2017 My First H1B visa is from 2008 to 2011(Stamped. I went back to India and my visa expired. Stayed only for 10 months in the period in USA. My company filed H1B visa (under exempt no cap) in i got my visa Stamped again in Jan 2013. I have this query because ideally my current Visa should not be valid more than 2018 Apr. Because my second visit is on Feb 2013 and 6 years are completed on Feb 2019. If we deduct 10 month from that for the earlier stay then my visa should on be extended beyond April 2018. But my current visa is valid until Aug 2018. Link to comment
zoomzipper Posted March 24, 2017 Report Share Posted March 24, 2017 The attorney should ask USCIS to correct this. I had a similar case where they gave me more than I was eligible for and the attorney notified them the next time we extended. Could have been an error by the handling officer but there is a good chance they will eventually find out. Link to comment
joethim Posted April 1, 2017 Report Share Posted April 1, 2017 Out of interest, whats the date on your I-94 Link to comment
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