subbumalp Posted September 1, 2016 Report Share Posted September 1, 2016 I received an RFE for my H1B amendment with reason stating that the following reason "The record shows the beneficiary has reached the six-year limit in H-1B nonimmigrant status based on period from October 9,2007 to July 12, 2016, during which he was authorized H-1B or L-1 status. USCIS records indicate beneficiary arrived in US on October 9, 2007 and was admitted in the status as L-1 worked. The total period of stay for H or L status may not exceed 6 years. According to our records, adjusting for the available recapture time spent outside the US, the beneficiary's status end date was July 11, 2016. This places the beneficiary out of status and ineligible for extension. Time spent outside the United States while in valid status can be recaptured, provide clear and convincing proof that time was spent outside the US" Here is a detailed list of dates on which I was in the United States From To Country Associated Visa ------------------------------------------------------------------------------------------------------------------------------ 7/18/2007 10/05/2007 India 10/06/2007 09/24/2009 United States L-1B (filed by Emp1) 09/25/2009 10/14/2009 India 10/15/2009 05/21/2010 United States L-1B (filed by Emp1) 05/22/2010 01/31/2013 India 02/01/2013 02/15/2014 United States H-1B (filed by Emp1) 02/15/2014 02/16/2014 Mexico 02/16/2014 09/12/2014 United States H-1B (filed by Emp1) 09/12/2014 Current Date United States H-1B (filed by Emp2 - Emp Change) As indicated above, I have not been in the country between May-2010 and Feb-2013. I am assuming the CAP to be reset ? Could someone please explain if my understanding is wrong here ? Link to comment
pontevecchio Posted September 7, 2016 Report Share Posted September 7, 2016 The cap is reset only if you stay out for one year AND the sponsor files a new CAP SUBJECT H1 petition and gets it approved. Link to comment
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