H1B transfer/Max out


stonecold47

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Hi,

I recently switched my employer and I joined the new employer with my transferred H1B and I94.

But when the transfer happened to the new employer, the new I797 and I94 has validity till Apr 2020 (another 3 years).

As per my calculation, 4.5 years of my current H1B is done and I am left with 1.5 years before it Max out. But I was not physically present in US continuously for 4.5 years. I was in India for more than a year and then I came back. There was no fresh H1B filed, I always travel with the current H1B visa extensions/Out of CAP. Would this mean during my second visit, will the Max out time be reset?

This being the case, am I eligible to stay till 2020? Do I need to push my employer to file my GC or I can wait, as my current petition is valid for next 3 years.

 

 

 

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On ‎7‎/‎29‎/‎2017 at 11:29 PM, stonecold47 said:

Hi,

I recently switched my employer and I joined the new employer with my transferred H1B and I94.

But when the transfer happened to the new employer, the new I797 and I94 has validity till Apr 2020 (another 3 years).

As per my calculation, 4.5 years of my current H1B is done and I am left with 1.5 years before it Max out. But I was not physically present in US continuously for 4.5 years. I was in India for more than a year and then I came back. There was no fresh H1B filed, I always travel with the current H1B visa extensions/Out of CAP. Would this mean during my second visit, will the Max out time be reset?

This being the case, am I eligible to stay till 2020? Do I need to push my employer to file my GC or I can wait, as my current petition is valid for next 3 years.

 

 

 

6 years is calculated based on your stay IN US on H1. If you have been using the same H1 then your clock won't reset. To reset the clock, you have to be outside US for more than 1 year and file a fresh CAP subject H1.

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