mesudhir Posted February 10, 2014 Report Share Posted February 10, 2014 I am looking to apply for green card, I am calculating the max out for H1b, but I heard several answers from different guys as I entered US multiple times. Here is my full summary of my visa IN and OUT. Stamping Arrival and departure dates Start date End Date Arrival Departure GAP 6-Mar-08 27-Sep-10 X Employer H1B 5/29/2008 9/23/2009 515 days 31-Aug-10 18-Apr-13 Y Employer H1B 2/20/2011 6/8/2013 14-Jun-13 12-Oct-15 Z Employer H1B 6/30/2013 I had 515 days gap between first departure and second arrival. What I am thinking is the H1 max out will be calculating from the second H1 start date, but few guys are saying the first entry and departure period also will calculated for the max out as my second H1 stamping done before the first stamping is expired. I am really confused because if I consider the first entry then I will loose 1yr 4 months. Please guide me to go in right track. Thanks in advance. Link to comment
jairichi Posted February 10, 2014 Report Share Posted February 10, 2014 I am looking to apply for green card, I am calculating the max out for H1b, but I heard several answers from different guys as I entered US multiple times. Here is my full summary of my visa IN and OUT. Stamping Arrival and departure dates Start date End Date Arrival Departure GAP 6-Mar-08 27-Sep-10 X Employer H1B 5/29/2008 9/23/2009 515 days 31-Aug-10 18-Apr-13 Y Employer H1B 2/20/2011 6/8/2013 14-Jun-13 12-Oct-15 Z Employer H1B 6/30/2013 I had 515 days gap between first departure and second arrival. What I am thinking is the H1 max out will be calculating from the second H1 start date, but few guys are saying the first entry and departure period also will calculated for the max out as my second H1 stamping done before the first stamping is expired. I am really confused because if I consider the first entry then I will loose 1yr 4 months. Please guide me to go in right track. Thanks in advance. If the H1B petition between your first departure and second arrival was not filed as a cap subject H1B petition then you would get 6 years - all time spent on H1B status in US. Link to comment
mesudhir Posted February 10, 2014 Author Report Share Posted February 10, 2014 I am re posting the below as it is tough to read -------- I am looking to apply for green card, I am calculating the max out for H1b, but I heard several answers from different guys as I entered US multiple times. Here is my full summary of my visa IN and OUT. Stamping Arrival and departure dates ----------------- ----------------------------------------- Start date End Date Arrival Departure GAP 6-Mar-08 27-Sep-10 X Employer H1B 5/29/2008 9/23/2009 515 days 31-Aug-10 18-Apr-13 Y Employer H1B 2/20/2011 6/8/2013 14-Jun-13 12-Oct-15 Z Employer H1B 6/30/2013 I had 515 days gap between first departure and second arrival. What I am thinking is the H1 max out will be calculating from the second H1 start date, but few guys are saying the first entry and departure period also will calculated for the max out as my second H1 stamping done before the first stamping is expired. I am really confused because if I consider the first entry then I will loose 1yr 4 months. Please guide me to go in right track. Thanks in advance. Link to comment
nineballs Posted February 10, 2014 Report Share Posted February 10, 2014 For your 31st Aug '10 stamping, Did your employer Y file a new cap subject h1-b petition? If yes, then when? If not, then all the stays are counted for the 6 years calculation, I believe. The 365 days between the trips matter, if a new cap-subject petition has been filed. If you are using cap-exempt petition every time, then every stay will be counted. Link to comment
jairichi Posted February 11, 2014 Report Share Posted February 11, 2014 I am re posting the below as it is tough to read -------- I am looking to apply for green card, I am calculating the max out for H1b, but I heard several answers from different guys as I entered US multiple times. Here is my full summary of my visa IN and OUT. Stamping Arrival and departure dates ----------------- ----------------------------------------- Start date End Date Arrival Departure GAP 6-Mar-08 27-Sep-10 X Employer H1B 5/29/2008 9/23/2009 515 days 31-Aug-10 18-Apr-13 Y Employer H1B 2/20/2011 6/8/2013 14-Jun-13 12-Oct-15 Z Employer H1B 6/30/2013 I had 515 days gap between first departure and second arrival. What I am thinking is the H1 max out will be calculating from the second H1 start date, but few guys are saying the first entry and departure period also will calculated for the max out as my second H1 stamping done before the first stamping is expired. I am really confused because if I consider the first entry then I will loose 1yr 4 months. Please guide me to go in right track. Thanks in advance. If employer Y's petition is a cap subject H1B petition you still have 3 years and 8 months on H1B. If employer Y's petition is cap exempt then you still have 2 years 4 months. Link to comment
mesudhir Posted February 11, 2014 Author Report Share Posted February 11, 2014 Thanks for the reply.. How do I know the second H1 is not filed under cap subject H1 B petition. Is there anything that I can see in petitions. Link to comment
jairichi Posted February 11, 2014 Report Share Posted February 11, 2014 Thanks for the reply.. How do I know the second H1 is not filed under cap subject H1 B petition. Is there anything that I can see in petitions. Check I-129 or ask employer Y. Link to comment
mesudhir Posted February 11, 2014 Author Report Share Posted February 11, 2014 Thanks for the info, I will check the I 129 filed by my previous employer. Link to comment
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