Reset H1B 6 yrs Clock (2 years out of US, re-entry without regular cap )

[kits9]

Hi,

Thanks in advance.

Here is my current status:

I was in US on H1B from mid 2005 - mid 2009 - 4 yrs

Moved back to India and stayed out of US for - 2yrs ( Out of US) ( previous H1B petition through employer A, date of expiration: march 02 2011 )

Employer B filed H1B as transfer based on the same petition ( when I was in India, approved on march 21 2011 )

Came back to US in Mid 2011 (with approval got 1 yr as per client letter)

2011 end transferred H1 to Employer C ( got 1 yr extension till 2013 march as per client letter)

My total stay in US will end 6 years by 10 June 2013.

Here is My questions:

1) Since I was out of US for 2 years, Will my H1B clock gets reset ?

2) Am I eligible to stay 6 years starting from Mid 2011 ? ( since my h1 will not come under regular cap count when it was processed in 2011)

3) If I am not eligible to stay beyond 10 June 2013, what is further possibility to extend my H1B ? Is there any way I can claim regular cap to extend further ?

Thanks,

Krishna

[JoeF]

The clock has not been reset. You used the same 6-year-H1 when you entered with the transfered H1.

The clock would only have been reset if company B had filed an H1 under the quota.

[livliv]

That's not how this works. If the petition in 2011 was filed under new cap as a cap-subject case, only then you would receive fresh 6 years. As of now, you should plan to leave in 2013 or get your employer to start GC processing so that H1 can be extended beyond 6 years.

[kalyan_ac]

Joef,livliv,

just curious, since the person was away from US for 2 years can he not use that period and get another extension because he used only 4 out of the 6 years?

[JoeF]

Joef,livliv,

just curious, since the person was away from US for 2 years can he not use that period and get another extension because he used only 4 out of the 6 years?

He already calculated that in. He had used 4 years before staying abroad, and is now on the final 2 years.

[kits9]

Hi Joef,

Thanks for your response.

I just checked my I129 petition filed by Employer B in 2011 - "Part C: Numerical limitation" section, It indicates - Cap H-1B Bachelor's Degree. (page 18)

Also, On page 11 provided all previous entry/exit with **** Out of US for more than 365 days **** on first line.

FYI, application receipt date is on 7 Jan 2011 ( Cap was filled by 27th Jan 2011 )

With this above information, Can I assume my H1 was filed under Cap and I can extend my stay to 6 years from last entry (that is mid 2011)?

Thanks,

Krishna

[JoeF]

A new H1 under the cap would have to have started no earlier than Oct. 1.

Since the application was done when the quota was full, and the start date wasn't Oct. 1, all signs point to it not being filed under the cap. Ergo, it wasn't a new H1.

[kits9]

Thanks JoeF.

My Petition sent in last week of Dec 2010 and application receipt date was 07 Jan 2011 by that time quota was available and Quota was full by 26th Jan 2011(which was released in April 2010, active from oct 2010).

start date indicated 13 Jan 2011 on I129 petition.

I129 petition has following:

"Part C: Numerical limitation" section, It indicates - Cap H-1B Bachelor's Degree. (page 18)

On page 11 provided all previous entry/exit with **** Out of US for more than 365 days **** on first line.

Hope my application processed subjected to Cap. Please confirm.

Thanks,

Krishna

[sanaths81]

Hi Krishna,

 

My case exactly the same. Could you please let me know if your 6 years was reset?

 

Thanks.