H1B Maximum Physical Stay

[lava.gummadi]

Hi 

 

I have question on maximum physical time that I can stay US, Following are my Entry and Exit dates with Visa Types :

 

Entry Date Exit Date * Visa Type if other than H-1B 08-Mar-08 16-Dec-08 L1B 03-May-10 30-Dec-10 L1B [ Same L1B1Petition] 22-Jan-11 12-Oct-12 L1B 05-Nov-12 14-Mar-14 H1B[ Moved to H1B on 10/1/2013 29-Apr-14    

 

1. Was my clock reset when I re-entered US in 2010 since I had more 365 days of gap ?

2. Can I stay till July 2016 if my clock was reset in 2010?

3. If my clock was not rest then what is the maximum time that I am allowed to stay in US?

 

 

 

[jairichi]

1. If you new H1B was filed as a cap exempt petition then your 6 years starts from 2008.

2. Refer 1.

3. 6 years total stay in US from 08 March 2008.

[JoeF]

The clock is ONLY reset if you have been abroad for at least a year and then a NEW H1 under the quota is filed.

The maximum time is 6 years.

[lava.gummadi]

Hi Thanks for you inputs, 

My H1B was applied in 2013 under new CAP. 

 

since I stayed 1 Year outside of US, can I assume my clock was reset ?

[JoeF]

Hi Thanks for you inputs, 

My H1B was applied in 2013 under new CAP. 

 

since I stayed 1 Year outside of US, can I assume my clock was reset ?

The time on H1 is 6 years minus the time on L1.

[jairichi]

Hi Thanks for you inputs, 

My H1B was applied in 2013 under new CAP. 

 

since I stayed 1 Year outside of US, can I assume my clock was reset ?

If the H1B petition in 2013 was filed under new cap after you stayed outside US for a year then your clock was reset. Date of filing matters and not date of entry.

[jairichi]

When did you stay outside US for a year?  You mean from 17th Dec 2008 to 02 May 2010?  If that is the time you have stayed outside US your clock has not reset. Your total time of 6 years will include the stay all the way from 08 March 2008.

[jairichi]

Hi Thanks for you inputs, 

My H1B was applied in 2013 under new CAP. 

 

since I stayed 1 Year outside of US, can I assume my clock was reset ?

Till 14th March 2014 you have completed 54 months.

[lava.gummadi]

If the H1B petition in 2013 was filed under new cap after you stayed outside US for a year then your clock was reset. Date of filing matters and not date of entry.

 

When did you stay outside US for a year?  You mean from 17th Dec 2008 to 02 May 2010?  If that is the time you have stayed outside US your clock has not reset. Your total time of 6 years will include the stay all the way from 08 March 2008.

I stayed outside of US from 17th Dec 2008 - 02 May 2010, reentered with same L1B

- Had L1B Extention in Jan 2011

- New H1B approved from Oct2013 under CAP

 

I have also verified with my company attorneys and they said my clock was reset and New start date would be May 2010, can continue till Jul 2016.

[JoeF]

I stayed outside of US from 17th Dec 2008 - 02 May 2010, reentered with same L1B

- Had L1B Extention in Jan 2011

- New H1B approved from Oct2013 under CAP

 

I have also verified with my company attorneys and they said my clock was reset and New start date would be May 2010, can continue till Jul 2016.

 

Since you reentered with the same L1, the clock did not reset in 2010.

It would only have been reset if you had entered with a new L1.

[jairichi]

I stayed outside of US from 17th Dec 2008 - 02 May 2010, reentered with same L1B

- Had L1B Extention in Jan 2011

- New H1B approved from Oct2013 under CAP

 

I have also verified with my company attorneys and they said my clock was reset and New start date would be May 2010, can continue till Jul 2016.

Since you re-entered US on 03 May 2010 with same old L1B petition your clock was not reset at all. If you had entered with a fresh L1B petition on 03 May 2010 then clock would have reset which means that your max allowed stay of 6 years on H1B would have included stay (L1B and H1B) from 03 May 2010 onwards.

[lava.gummadi]

Hi - 

 

Somehow my company attorneys considered my clock since I stayed 12 months outside of country and Second condition does not really apply [ New Petition Vs Old Petition]. so considered May 2010 as the fresh start date and applied for H1B extension and its extended till July 2016. 

 

I am really confused now whether to continue till July 2016 or has to leave early considering Mar 2008 as my Start date for counting the max date [ max would be Oct 2015]

 

Please advice.

[jairichi]

Hi - 

 

Somehow my company attorneys considered my clock since I stayed 12 months outside of country and Second condition does not really apply [ New Petition Vs Old Petition]. so considered May 2010 as the fresh start date and applied for H1B extension and its extended till July 2016. 

 

I am really confused now whether to continue till July 2016 or has to leave early considering Mar 2008 as my Start date for counting the max date [ max would be Oct 2015]

 

Please advice.

Check with an independent attorney. You need to leave the country once you reach 6 years stay.

[lava.gummadi]

Since you reentered with the same L1, the clock did not reset in 2010.

It would only have been reset if you had entered with a new L1.

How do I know if its a New L1 or Old L1. 

 

When I reentered it's a new client and new location, so my company did transfer memorandum and updated USCIS, can this be considered as new L1 ? 

[JoeF]

How do I know if its a New L1 or Old L1. 

 

When I reentered it's a new client and new location, so my company did transfer memorandum and updated USCIS, can this be considered as new L1 ? 

 

You said you entered with the same L1.

Whatever client it was doesn't matter. Your employer matters.

It would only have been a new L1 if the company filed a completely new application. Informing USCIS of changes doesn't make it a new application.

[lava.gummadi]

You said you entered with the same L1.

Whatever client it was doesn't matter. Your employer matters.

It would only have been a new L1 if the company filed a completely new application. Informing USCIS of changes doesn't make it a new application.

considering clock will reset when 365 days of stay outside of US and filing a new petition is filed. does that mean you have to re-enter with new petition/visa even though you have a valid visa ?

in my case is there any way it would have been rest when new petition was filed in Jan 2011 since that was when I met the condition of 365 days of outside stay and new petition .?

or 

the clock rests only if 365 days outside and  re-entry with new petition/visa ? and any new petitions/visa will not be considered for clock rest after re-entry ?

[jairichi]

considering clock will reset when 365 days of stay outside of US and filing a new petition is filed. does that mean you have to re-enter with new petition/visa even though you have a valid visa ?

in my case is there any way it would have been rest when new petition was filed in Jan 2011 since that was when I met the condition of 365 days of outside stay and new petition .?

or 

the clock rests only if 365 days outside and  re-entry with new petition/visa ? and any new petitions/visa will not be considered for clock rest after re-entry ?

One has to stay outside US for 365 days after which a cap subject H1B petition has to be filed and approved. Visa does not matter. What matters is whether it is a new cap subject petition for H1B or new petition for L1.

[JoeF]

You can use an existing, valid visa together with the approval notice of a new petition.

If you just used the existing visa and didn't have a new petition (and showed that to the officer), then the clock did not reset.

Changing clients does not result in a new petition. It would only be an amendment of the old petition.

[lava.gummadi]

One has to stay outside US for 365 days after which a cap subject H1B petition has to be filed and approved. Visa does not matter. What matters is whether it is a new cap subject petition for H1B or new petition for L1.

Thanks for you inputs, in my case i met both the conditions of New Petition for L1 and H1B but it happened after my re-entry into US. does the timing really matters to reset clock like one need to stay 365 days outside and at the re-entry it should be either a cap subjected H1B or New L1 Petition ? OR can it be like 365 days outside and New H1B or L1 afterwards will reset the clock irrespective what visa you have when you re-enter ?

 

please advice.

[jairichi]

Thanks for you inputs, in my case i met both the conditions of New Petition for L1 and H1B but it happened after my re-entry into US. does the timing really matters to reset clock like one need to stay 365 days outside and at the re-entry it should be either a cap subjected H1B or New L1 Petition ? OR can it be like 365 days outside and New H1B or L1 afterwards will reset the clock irrespective what visa you have when you re-enter ?

 

please advice.

It is one single requirement. 365 days outside US after which a cap subject H1B petition or new L1 petition is filed. Your clock is not reset.

[JoeF]

Thanks for you inputs, in my case i met both the conditions of New Petition for L1 and H1B but it happened after my re-entry into US. does the timing really matters to reset clock like one need to stay 365 days outside and at the re-entry it should be either a cap subjected H1B or New L1 Petition ? OR can it be like 365 days outside and New H1B or L1 afterwards will reset the clock irrespective what visa you have when you re-enter ?

 

please advice.

 

The rule for the clock reset is: You have to stay outside the US for at least 1 year, and then you would have to enter with a new petition.