TroubledGC Posted March 25, 2014 Report Share Posted March 25, 2014 Dear members. I am now in immigration boat. I need your help to better understand my situation. I entered in US on L1. Stayed on L1 for 3 years and after that left US. I stayed outside US for 5 and half months. Then came back on H4. I stayed in H4 for nearly 10 months and got h1 approval and changed to h1. Approved till Sept 2015. L1 - Jun 08 - Jun - 11. - 3 years Outside US - Jun 11 to Dec 11 - more than 5 months H4 - Dec 11 - Oct 12 - 10 months H1 - Dec 12 - Current - 17 months and valid till Sept 15. My doubt is whether - 1. Time spent in India will count towards 6 years cap ? 2. Time spent on H4 will count towards 6 years cap ? 3. Do I have till Aug 2014 to apply for Labor Cert. to fall under 365 days rule ? I really appreciate you thoughts and guidance Link to comment
jairichi Posted March 26, 2014 Report Share Posted March 26, 2014 Dear members. I am now in immigration boat. I need your help to better understand my situation. I entered in US on L1. Stayed on L1 for 3 years and after that left US. I stayed outside US for 5 and half months. Then came back on H4. I stayed in H4 for nearly 10 months and got h1 approval and changed to h1. Approved till Sept 2015. L1 - Jun 08 - Jun - 11. - 3 years Outside US - Jun 11 to Dec 11 - more than 5 months H4 - Dec 11 - Oct 12 - 10 months H1 - Dec 12 - Current - 17 months and valid till Sept 15. My doubt is whether - 1. Time spent in India will count towards 6 years cap ? 2. Time spent on H4 will count towards 6 years cap ? 3. Do I have till Aug 2014 to apply for Labor Cert. to fall under 365 days rule ? I really appreciate you thoughts and guidance 1. No. 2. No. 3. You have time till Nov 2015 for employer to initiate GC process. Link to comment
TroubledGC Posted March 26, 2014 Author Report Share Posted March 26, 2014 Jairichi, Thank you very much for your reply. Just one quick doubt, you mentioned that I have till Nov 2015 to initiate GC process but my current H1 is approved till Sept 2015. ? Link to comment
jairichi Posted March 26, 2014 Report Share Posted March 26, 2014 Jairichi, Thank you very much for your reply. Just one quick doubt, you mentioned that I have till Nov 2015 to initiate GC process but my current H1 is approved till Sept 2015. ? Calculate the time by which you would reach 6 years of you stay in US on L1 and H1B. Link to comment
TroubledGC Posted March 26, 2014 Author Report Share Posted March 26, 2014 You are right. I think you already answered my question and doubts. So only time spent on L1 and H1 will count towards 6 years cap and not time away or on H4. So, fall under 365 days rules for extension to 7th year, employer will have to apply at least before Nov 14. Right ? Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.