H1B 6yrs limit calculation - time starts from you enter in US or consolidated time spent in US


Sriyan2014

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Hi,

 

Here is my case.  I have H1B approved petition oct 2011 from company A. Came to USA and started working from Nov2011. Later I moved Company B with petition transfer in USA and worked there until Nov2012 (total 1 yr from the date of entry to USA).

 

Meanwhile I see company B revoked it's sponsorship for my H1B petition and Company A did not informed anything to USCIS regarding me.

 

My questions:

 

1. Is it legal to travel with the H1b petition (though Company B sent to revoke?)

 

2.  How my 6yrs quota calculated? from the day I enter in US (3yrs 2 months starting from Nov 2011) OR Consolidated time that I spent in US (1 yr)?

 

3. As I spend more that one year (stating from Nov 2012) outside US, will there be any negative impact while approving h1b extension?

 

thanks

RK

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I would like to ask further clarification, assuming he has a job offer.

 

+ How is 6 years counted ? ( Consolidated time / first approval date )

+ Also, he specified that he is out of USA from Nov 2012, doesn't he need a new filing ? Because its been more than a year since he is out of USA and he is technically eligible for a fresh application.

 

Based on this pdf from USCIS :- http://www.uscis.gov/sites/default/files/files/pressrelease/ChangesH-1BProgram_112100.pdf

 

Q5: The bill requires that INS may not count someone toward the cap if they have
had H-1B status in the prior 6 years, unless the individual would be authorized for a
new 6-year period of stay. How is INS going to implement this? How does this differ
from INS’ current counting methodology?
A5: INS is revising its regulations to explain when an H-1B worker is eligible for a new
6-year period of stay.
System changes will be made in order to allow the Adjudicator to indicate whether an
individual who was previously H-1B is now eligible for a new 6-year period of stay. This
indicator will enable the Service to properly count an individual toward the cap in these
circumstances.
Upon approval of the petition, the program will compute the number of H1B visas issued
according to the factors as defined by statute. 

 

 

Hi,

 

Here is my case.  I have H1B approved petition oct 2011 from company A. Came to USA and started working from Nov2011. Later I moved Company B with petition transfer in USA and worked there until Nov2012 (total 1 yr from the date of entry to USA).

 

Meanwhile I see company B revoked it's sponsorship for my H1B petition and Company A did not informed anything to USCIS regarding me.

 

My questions:

 

1. Is it legal to travel with the H1b petition (though Company B sent to revoke?)

 

2.  How my 6yrs quota calculated? from the day I enter in US (3yrs 2 months starting from Nov 2011) OR Consolidated time that I spent in US (1 yr)?

 

3. As I spend more that one year (stating from Nov 2012) outside US, will there be any negative impact while approving h1b extension?

 

thanks

RK

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6 years is counted by adding all periods in H1 status in this country spread out over any number of years. If one leaves for 365 days plus he has the choice of the remainder option, 6 years minus existing H1 periods and not subject to the cap and file able at any time or he can have a sponsor file a Cap subject H1 petition in April, for an October start giving him 6 more years in total

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Thank you all for your replies. I believe I choose option of email notification when someone replies to my post.

 

So, I am assuming I will be having 5 yrs of H1b years left on my petition. If USCIS counts me as fresh and eligible for 6 yrs quota as I am out of US more than 1 yrs; that would be great too.

 

I will ask my employer to transfer my H1b before fresh quota starts, so that I will have two options. One if transfer of H1b and another if any problem with transfer I can go for fresh quota.

 

Thanks

RK

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Thank you all for your replies. I believe I choose option of email notification when someone replies to my post.

 

So, I am assuming I will be having 5 yrs of H1b years left on my petition. If USCIS counts me as fresh and eligible for 6 yrs quota as I am out of US more than 1 yrs; that would be great too.

 

I will ask my employer to transfer my H1b before fresh quota starts, so that I will have two options. One if transfer of H1b and another if any problem with transfer I can go for fresh quota.

 

Thanks

RK

 

That won't work that way. It is one or the other.

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