H1 B Transfer on 6th Year -- URGENT


pradeeprulez

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Hi,

 

I am currently working for company A through which i first came to US on H1-B

 

My tenure in US is as follows

 

May 2006 -- Jan 2009  (32 Months)

Feb 2009 -- May 2010 (In India for 16 Months)

June 2010 -- June 2011 (In US for 12 Months)

July 2011 -- Apr 2012 (In India for 8 Months)

May 2012 -- Current (In US for 19 Months) and my current Visa is valid till June 2014

 

By June 2014, i would be completing 6 years with my H1-B.

 

All these were under the same H1-B CAP and with extension to my initial petition. I would like to know the following:

 

In some blogs, I read, when we are outside the country (US) for more than 12 months continuously, the clock would reset and from the time you enter back to US, you can stay for 6 more years. In such case, am i eligible for an extension??

 

Second question is, I got a new offer and when i take up that offer, and the company does H1-B transfer, will that be considered as New H1 (since it is to a different employer) or still my 6th year is considered to be June 2014?

 

Appreciate your quick response, based on which i have to decide whether to take that offer or not?

 

Thanks,

 

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Hi,

 

I am currently working for company A through which i first came to US on H1-B

 

My tenure in US is as follows

 

May 2006 -- Jan 2009  (32 Months)

Feb 2009 -- May 2010 (In India for 16 Months)

June 2010 -- June 2011 (In US for 12 Months)

July 2011 -- Apr 2012 (In India for 8 Months)

May 2012 -- Current (In US for 19 Months) and my current Visa is valid till June 2014

 

By June 2014, i would be completing 6 years with my H1-B.

 

All these were under the same H1-B CAP and with extension to my initial petition. I would like to know the following:

 

In some blogs, I read, when we are outside the country (US) for more than 12 months continuously, the clock would reset and from the time you enter back to US, you can stay for 6 more years. In such case, am i eligible for an extension??

 

Second question is, I got a new offer and when i take up that offer, and the company does H1-B transfer, will that be considered as New H1 (since it is to a different employer) or still my 6th year is considered to be June 2014?

 

Appreciate your quick response, based on which i have to decide whether to take that offer or not?

 

Thanks,

1. The clock would reset only if a new cap subject H1B petition was filed after being outside US for 365 days. In your case it did not reset.

2. Even if you take new employer's offer and join them your H1B max period of 6 years would still be over by June 2014.

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