H1B Visa Cap Exemption time calculation


satjeb

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Hi,

   I got my h1b approved in 2007 and came to USA in 2008 and stayed for 8 months and went back to India and stayed there for 7 years.

In 2016 Applied for h1b visa on cap exemption based on above first h1b and I got the visa and came back to USA in Jan 2017 

Now its been close to 4 years in USA by  Jan 2021 and I am planning to apply for my Green Card now, so I want to know if my previous stay of 8 months (in year 2008) will be added ( to Maxout period of 6 years) to the current stay ?

My current employer had filed for my Perm on Aug 2020, but unfortunately due to some reasons I have to do visa transfer to a new employer now, so is there any possibility of continuing this Perm to new employer ?  if not how much time I have to start the GC processing again and possibilities getting I-140?

 

thank you in advance

Jeb

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if my previous stay of 8 months (in year 2008) will be added ( to Maxout period of 6 years) to the current stay ? ---- YES. Since second H1B was outside lottery your clock was not reset.

is there any possibility of continuing this Perm to new employer ?  -- I feel no and your original petitioner since you no longer work for them will not continue to process it. Thats what I feel.

Before next H1B ( before 6 years expire) you need to get I140 approved.

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