h1 6 years Clock Reset

[alladisk]

My H1 is approved in 2007 and validity period was Oct 2007 to Sept 2010

 

But I got visa in Aug 2008 (delay in stamping due to queries)

I came to US in Oct 2008 and stayed till Feb 2009 (I have to return due economic down turn)

I returned to US in April 2010. Applied for second extension in Sept 2010 and it is valid for Sept 2013.

 

I was informed that "my period will be not counted if I stay in India.".  

I am under impression that I still have another 2+ years to expire my cap.

 

I did not applied for GC so far, what are options I have to apply for GC

 

Thanks In Advance.

 

Sanjay

 

[JoeF]

You can recapture the time abroad. Talk with your lawyer.

For the H1 to reset, you would have to be abroad for at least 1 year, and then get a new H1 under the quota.

[t75]

YOU cannot file for a GC. Only an employer who has been unable to fill a position with a USC or LPR can do so.

 

On a single quota you may have a total of 6 years physically present in the US.