6th year getting over by december.. Any options


vp1984

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Hello members,

I would really appreciate if anyone has a solution to this peculiar problem of mine... I hear mixed suggestions even from attorneys... I am in a fix and I seriously dont know whom to believe. Please help...

 

If you have time please go through my questions below.
 
Status: L1B from (dd/mon/yy): 10-AUG-2008 to (dd/mon/yy): 21-NOV-2009
Status: L1B from (dd/mon/yy): 13-DEC-2009 to (dd/mon/yy): 24-JUN-2011
 
Then I went back to India on 2011 Jun for L1B extension but it got rejected. So Tata applied for H1B  during Oct 2011, same year (in 2011 quota as it was open till then at that time) and it got approved 
around may 2012 and got visa on 25-JUN-2012.
 
However since I read that staying away from US for more than a year would reset my clock, I travelled on 23-AUG-2012 back to US after staying in India for around 1 year and 2 months on a fresh H1B for the first time
 
Status: H1B from (dd/mon/yy): 23-AUG-2012 to (dd/mon/yy): 04-MAY-2013
Status: H1B from (dd/mon/yy): 01-JUN-2013 to (dd/mon/yy): 27-JUL-2014
Status: H1B from (dd/mon/yy): 17-AUG-2014 to (dd/mon/yy): TILL DATE
 
Now when I try to extend my H1B my current employer's attorney says that my 6 year term is over and I have no choice and that my previous L1B 3 year term is also counted though I stayed outside for more than a year, because I filed the new H1B within a year(around 6 months) of being in India and not 365 days outside US. Once has to be outside for 365 days and only then file a new petition to get back 6 years.
However I have my colleague sitting next to me who falls under same category and got 3 more years, eventually entering 9th year... Also another attorney says that USCIS doesn't care about this anymore and that they will give me 3 more years as I was out for more than a year.. 
 
Someone please shed some light in my case as this seems to be a peculiar one.
 
 
Will I get 6 years back till 2018 or mine is getting over by DEC2015 as marked in the VISA?
 

 

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Thanks JoeF...

I had a consultation with one of the attorneys form Murthy.com and he also told the same as you did. He said that this area of converting form L1 to H1 and staying out for more than a year is really a grey area and in certain cases similar to my friend, they have approved it and in the same time during GC processing they may tell that the person was on illegal status and can ban from entering the country for 3 or 10 years..

So I decided to go on H4 since my wife has a H1B and currently at work.

 

Thanks,

VP

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Thanks JoeF...

I had a consultation with one of the attorneys form Murthy.com and he also told the same as you did. He said that this area of converting form L1 to H1 and staying out for more than a year is really a grey area and in certain cases similar to my friend, they have approved it and in the same time during GC processing they may tell that the person was on illegal status and can ban from entering the country for 3 or 10 years..

So I decided to go on H4 since my wife has a H1B and currently at work.

Thanks,

VP

Actually in my opinion it is not a grey area at all. Anyone staying beyond this 6 years are actually staring at at a ban even though USCIS approved it in error.
Link to comment

Thanks JoeF...

I had a consultation with one of the attorneys form Murthy.com and he also told the same as you did. He said that this area of converting form L1 to H1 and staying out for more than a year is really a grey area and in certain cases similar to my friend, they have approved it and in the same time during GC processing they may tell that the person was on illegal status and can ban from entering the country for 3 or 10 years..

So I decided to go on H4 since my wife has a H1B and currently at work.

Thanks,

VP

Actually in my opinion it is not a grey area at all. Anyone staying beyond this 6 years are actually staring at at a ban even though USCIS approved it in error.
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