H1b Max Out calculation

[maddysam1003]

I came to USA Initially for an X Employer in 2011 -2012 for 4 months , Second time I came to US by transferring my visa for an Z employer and  came by Apr 2016 and Since then I am with this employer, I am on my last H1b extension filing, So can i exclude the 4 months which I originally came before 9 years as its not showing on my I94 History or do i need to Include the 4 months when I came Initially, Appreciate your response .. Thanks

[User099]

Did you go thought the lottery again on 2016? If not, then you can't exclude the 4 months. 

If you take the 4 months into account, you still have 1.5 years to reach the 6 year limit. 

[gopalakrishnach]

do i need to Include the 4 months when I came Initially --- I guess you need include all the time which you spend on H1B.

In 2016 did you go through new lottery to reset your H1B clock or not.

If yes, then do not include 4 months since your clock was reset in 2016.

If not, then include those 4 months also..

[Zodiac System]

On 7/24/2020 at 7:55 PM, maddysam1003 said:

I came to USA Initially for an X Employer in 2011 -2012 for 4 months , Second time I came to US by transferring my visa for an Z employer and  came by Apr 2016 and Since then I am with this employer, I am on my last H1b extension filing, So can i exclude the 4 months which I originally came before 9 years as its not showing on my I94 History or do i need to Include the 4 months when I came Initially, Appreciate your response .. Thanks

Has your current employer started your PERM (GC process)?  It is high time.  Contact your employer immediately.  You will need an approved I-140 to continue working on H1b beyond six years.

[maddysam1003]

Thanks for the update ! I actually came on the same visa which I used in 2011. My employer has filed Perm but its on Audit now.