H1 - After gap of 18 Months back to US , How long i can stay?

[Harinath16]

Hi,

 

I stayed here in US on H1 around 3Years &  8Months . Traveled back to India in Dec 2011. Came back to US in June 2013. My Visa is Valid till May 2014.

 

Now i would like to know how many more years left for staying in US? Since i was out of US for more than a year, am eligible for 6 years term since June 2013?

 

Please let me know

 

Thank you.

 

 

[Attorney_11]

Typically, an individual can restart their six years of H1B classification only if they have been outside the United States for one full year before coming back on the basis of a new H1B petition that was counted against the applicable fiscal year H1B cap. An individual is permitted up to 72 months of H1B status in the United States. Time outside the United States or inside the US in another status does not count towards the 72 months of H1B status.

[Harinath16]

Hi,

 

I posted the same question with my company's visa processing group. Below is the response -

 

Your clock restarted from June as you spent more than a year in India.So you can stay for another six years from June, provided you do I-94 extension six months before the petition expiry every time it is due.

 

Could you please let me know your feed back.

[pontevecchio]

The clock only restarts if you stay out for 365 days plus AND THEN an employer files a cap subject H1 petition and gets it approved with a start date after October,1.

[Attorney_11]

Please refer to Page 5 of the December 5, 2006 USCIS memo of Michael Aytes titled "Guidance on determining periods of admission for Aliens Previously in H-4 or L-2 Status; Aliens Applying for Additional Periods of Admission beyond the H-1B Six Year Maximum; and Aliens Who Have Not Exhausted the Six-Year Maximum But Who Have Been Absent from the United States for Over One Year."

 

[A]dmission as a "new" H-1B alien refers to a petition filed on behalf of an H-1B alien who seeks to qualify for a new six-year admission period (without regard to the alien’s eligibility for any "remaining" admission period) after having been outside the United States for more than one year. For example, the alien who spent five years in the United States in H-1B status (from January 1, 1999 - December 31, 2004), and then remained outside the United States for all of 2005, is eligible to apply for a "new" period of H-1B status based on his or her absence of at least one year from the United States. Most petitioners electing this option will seek a three-year H-1B petition approval, allowing for the possibility of later seeking a three-year H-1B extension. "New" H-1B aliens are subject to the H-1B numerical limitations unless they qualify for an exemption. See INA §§ 214(g)(1) and (g)(5). (emphasis added).