H1B Maxout and extension after 6th year

[vincentanand]

My current H1B valid till March 2015. I have taken 4 months vacation in past 5 years, so the maxout is July 2015.

 

I got a offer from a big company A, and they are ready to file my Greencard before July 2014 (before 365 days of my maxout).

 

My question is that Should the 365 days rule be calculated from my Max out ( including vacation) or my current H1B expiry date?

 

Based on your response, i will decide move out to the new company. I really like the new job as it is very big and reputed organization.

 

Please help asap.

[jairichi]

My current H1B valid till March 2015. I have taken 4 months vacation in past 5 years, so the maxout is July 2015.

 

I got a offer from a big company A, and they are ready to file my Greencard before July 2014 (before 365 days of my maxout).

 

My question is that Should the 365 days rule be calculated from my Max out ( including vacation) or my current H1B expiry date?

 

Based on your response, i will decide move out to the new company. I really like the new job as it is very big and reputed organization.

 

Please help asap.

Extension beyond 6 years is possible with a PERM or I-140 pending more than 365 days or an approved I-140.

[tux78]

does vacation mean you were out of the country for 4 months? I am not sure just regural vacation counts. But I am not certain. If you have I-140 approved, you can extend your H-1 based on that. So I will think about how long it will take to reach that state.

 

Always consult an attorney for this sort matters.

[JoeF]

Any time abroad can be recaptured.

[Kameshkrishnan]

Hi

Can any one help me on max out

I was in us from 2007 to 2009 in L1 and in 2009 my L1 extension got rejected and moved back to India. In 2010 I applied for L1 again in India and got stamping and entered US in 2010 after 349 stay in India.

So,please let me know when calculating my max out period.do I need to include my previous stay before 2010 or I don't need to include and consider my stay only from 2010?

Pls reply I need the clarification ASAP

Thanks

[Ramc11]

Hi Friends,

 

I have a question on my L1 to H1 -- 6 years validity related question

I stayed in USA for 3 years 10 months

Came back to India on May 2014

Processed H1 for 2014 quota -- waiting for approval.

 

For 6 years rule, I should be out of USA for 1 year, my question is :

 

-- should I stay out side USA for one year and process new H1

-- can I get new H1 before one year gap and stay outside USA to get one year gap.

 

If I travel to USA with one year gap, can I stay 6 years. 

as my New h1 is processed with less than one year gap, does the earlier 3 year 10 month be added to my next stay for 6 years rule.

 

Please let me know your suggestions

 

Thanks

Ram

[jairichi]

Hi Friends,

 

I have a question on my L1 to H1 -- 6 years validity related question

I stayed in USA for 3 years 10 months

Came back to India on May 2014

Processed H1 for 2014 quota -- waiting for approval.

 

For 6 years rule, I should be out of USA for 1 year, my question is :

 

-- should I stay out side USA for one year and process new H1

-- can I get new H1 before one year gap and stay outside USA to get one year gap.

 

If I travel to USA with one year gap, can I stay 6 years. 

as my New h1 is processed with less than one year gap, does the earlier 3 year 10 month be added to my next stay for 6 years rule.

 

Please let me know your suggestions

 

Thanks

Ram

If a cap subject H1B petition was filed after you stay outside US for 1 year then you are eligible for 6 years. Date of petition filing matters and not entry. Looks like you do not fulfill that criteria.

[Ramc11]

Thanks for reply, I was planning to stay in India for one year before going to USA, but now I will plan to get my GC  initiated immediately after travelling to USA.

 

Thanks Again for your quick reply.

[jairichi]

Thanks for reply, I was planning to stay in India for one year before going to USA, but now I will plan to get my GC  initiated immediately after travelling to USA.

 

Thanks Again for your quick reply.

Employer can initiate GC even while you are in India.

[Ramc11]

Thanks Jairichi for the reply, you guys are awesome.