H1B 6 year calculation

[Sarat_Manthena]

Hi Team,

Below are my travel dates to USA

Enter             Exit             Visa

05/10/10      02/28/11   H1B

02/03/13      12/22/14   H1B

01/19/15      12/15/15   H1B

01/10/16      Till Date

 

I got my first visa in 2008 but travelled in 2010 and came back to India in 2011. 

My company applied for a fresh H1B visa (no cap) in 2012. I129 mentions that it is applied in no cap and as a fresh filing. Applied in Apr 2012 and approved in October 2012. 

When shall my 6 year clock for H1B start? Is it from 2010 or from 2013? 

[pontevecchio]

It would seem to start from 2013.

[JoeF]

If the filing in 2012 was for a cap-exempt organization, e.g., a university, non-profit research organization affiliated with a university, or a government research organization, then the 6 years would start from 2013.

If the company was not cap-exempt, then the clock would not have reset, and the start time would be in 2010.

 

[Sarat_Manthena]

On 11/22/2017 at 10:10 PM, JoeF said:

If the filing in 2012 was for a cap-exempt organization, e.g., a university, non-profit research organization affiliated with a university, or a government research organization, then the 6 years would start from 2013.

If the company was not cap-exempt, then the clock would not have reset, and the start time would be in 2010.

 

The filing is not by cap-exempt organization. But a fresh H1B application is filed instead of using the cap exemption from previous filing. Does this change the clock start date?

[JoeF]

9 hours ago, Sarat_Manthena said:

The filing is not by cap-exempt organization. But a fresh H1B application is filed instead of using the cap exemption from previous filing. Does this change the clock start date?

You said it was a non-cap petition. That means the clock did not reset.

The clock ONLY resets if the person has been abroad for at least a year and then a petition in the quota (or a petition by a cap-exempt organization) is filed.

 

[pontevecchio]

Ask your company what they filed.