H1-B TENURE QUESTION

[SAMA_USIMM]

Hello,

  Hope you are doing well.
  I am into situation where I need assistance.

  Below are the entry and exit dates along with visa types for US work travel.
     
Initial Entry Date into US:_03/11/2006    --------------------L1 Blanket
Exit Date from US:_ 11/16/2008                --------------------- I got L1 extension and changed to L1-R
Entry Date into US:_02/06/2010               --------------------  L1- R
Exit Date from US:_ 08/09/2010              --------------------- Left US as L1-R extension was denied.

When I enter US in 2010, I stayed more than one year in India.  
Upon L1-R rejection in 2010, I went to India applied for fresh H1(in 2011 quota).
On H1-B, entered US on 04/12/2011.
This is my understanding, since its fresh H1B , H1-B tenure counts from 2011 and its valid for 6 years.  Can you please clarify on this.

 

some people are saying that L1 and H1 tenure will be counted together.   So I am not eligible for any more extensions.

 

Some people are saying, since its fresh H1, tenure counts from 2011 to 2017.

I have my extension due in couple of months. I am trying to understand extension possibilities.

 

Important things to note.

I have been working for same employer since from 2006. All the Visa types are held by same employer.

Since from 2006, I have completed 5.6 years of stay in US.

I was in India for complete 1 one year starting from Dec 2008 till Feb 2010.

Fresh H1 was applied in 2010 October and entered US in April 2011.

Thanks alot for your help.

[pontevecchio]

There needs to be a gap of one year outside the country and then the H1 petition needs to be filed after the year outside. In your case I do not see that happening as you left in 2010 and applied through the company for a H1 in 2010 and came here in 2011.

[nr2006]

Exit Date from US:_ 08/09/2010              --------------------- Left US as L1-R extension was denied.

On H1-B, entered US on 04/12/2011.

As you were physically out of the country for 365 days or more...your 6 years quota will reset..

[jairichi]

Hello,

  Hope you are doing well.

  I am into situation where I need assistance.

  Below are the entry and exit dates along with visa types for US work travel.

     

Initial Entry Date into US:_03/11/2006    --------------------L1 Blanket

Exit Date from US:_ 11/16/2008                --------------------- I got L1 extension and changed to L1-R

Entry Date into US:_02/06/2010               --------------------  L1- R

Exit Date from US:_ 08/09/2010              --------------------- Left US as L1-R extension was denied.

When I enter US in 2010, I stayed more than one year in India.  

Upon L1-R rejection in 2010, I went to India applied for fresh H1(in 2011 quota).

On H1-B, entered US on 04/12/2011.

This is my understanding, since its fresh H1B , H1-B tenure counts from 2011 and its valid for 6 years.  Can you please clarify on this.

 

some people are saying that L1 and H1 tenure will be counted together.   So I am not eligible for any more extensions.

 

Some people are saying, since its fresh H1, tenure counts from 2011 to 2017.

I have my extension due in couple of months. I am trying to understand extension possibilities.

 

Important things to note.

I have been working for same employer since from 2006. All the Visa types are held by same employer.

Since from 2006, I have completed 5.6 years of stay in US.

I was in India for complete 1 one year starting from Dec 2008 till Feb 2010.

Fresh H1 was applied in 2010 October and entered US in April 2011.

Thanks alot for your help.

Your H1B validity will be,

 

6 years - 6 months (L1 stay from 02/06/2010 to 08/09/2010) = 5.5 years

5.5 years - 2 years & 4 months on your stay in current H1B = 3 years & 2 months

 

You have 3 years and 2 months on your H1B.

[JoeF]

Time on L1 and H1 is indeed combined.

To get a fresh 6 years on H1, the person has to be outside the US for at least one year before a new H1 under the quota is FILED. If the H1 is filed before the year is over, the person only gets the remainder time, i.e, 6 years minus the time on L1 and H1 combined already accrued.

[SAMA_USIMM]

There needs to be a gap of one year outside the country and then the H1 petition needs to be filed after the year outside. In your case I do not see that happening as you left in 2010 and applied through the company for a H1 in 2010 and came here in 2011.

 

Thanks for your reply,  I really appeciate your answer.

I understand the concept fresh now.

 

Did u notice in my case, I was out of country for 1 year starting from 11/16/2008 till 02/06/2010. 

Then entered US in 2010 Feb with old L1 petition as I still had 6 months of validity in that.

 

When we applied for extension it got rejected.  So Isn't my clock startes from 02/06/2010 for 6 years.

[jairichi]

Thanks for your reply,  I really appeciate your answer.

I understand the concept fresh now.

 

Did u notice in my case, I was out of country for 1 year starting from 11/16/2008 till 02/06/2010. 

Then entered US in 2010 Feb with old L1 petition as I still had 6 months of validity in that.

 

When we applied for extension it got rejected.  So Isn't my clock startes from 02/06/2010 for 6 years.

If you had entered on H1B in Feb 2010 your 6 years starts from there as you had stayed outside US for 1 year. But, since you stayed in L1 for 6 months you lost 6 months of your actual 6 years of stay on H1B.

[JoeF]

Thanks for your reply,  I really appeciate your answer.

I understand the concept fresh now.

 

Did u notice in my case, I was out of country for 1 year starting from 11/16/2008 till 02/06/2010. 

Then entered US in 2010 Feb with old L1 petition as I still had 6 months of validity in that.

 

When we applied for extension it got rejected.  So Isn't my clock startes from 02/06/2010 for 6 years.

You entered with the old petition. That basically means that the time abroad before you entered is not considered anymore.

It has to be at least one year abroad, and then getting a NEW petition.

[SAMA_USIMM]

Hi,

   I agree with you, since I entered in 2010 with old petition that did not re-set the time.  Thanks for your reply.