H1B Reset question

[krishna_krp]

HI

I have a question regarding my H1B maxout and reset period.

1. I was working in Company A in USA from Oct 2006 to Oct 2009.
2. And then I have moved to India on Nov 2009 and stayed 2 years over there.
3. From India i have transferred my H1B visa to company B and came to USA on Dec 2011.
4. In Jun 2013 I have renewed my H1B and got extension till Dec 2014.

I believe Dec 2014 is my max out. I didnt file any GC till now. I am planning to apply now.

Question :

Even I stayed out of US for 2 years cant my H1 period reset again for 6 years. Is this applicable when we apply new petition instead of H1B transfer?
Please provide your thoughts.

[raghvi]

HI

I have a question regarding my H1B maxout and reset period.

1. I was working in Company A in USA from Oct 2006 to Oct 2009.
2. And then I have moved to India on Nov 2009 and stayed 2 years over there.
3. From India i have transferred my H1B visa to company B and came to USA on Dec 2011.
4. In Jun 2013 I have renewed my H1B and got extension till Dec 2014.

I believe Dec 2014 is my max out. I didnt file any GC till now. I am planning to apply now.

Question :

Even I stayed out of US for 2 years cant my H1 period reset again for 6 years. Is this applicable when we apply new petition instead of H1B transfer?
Please provide your thoughts.

Yes. Hence even if you stayed more than 1 Year outside US your clock wasnt reset. Had you applied with a new petition with Company B, that particular petition would have been valid for 6 Years. Since you used a cap exempt petition the previous tenure gets added. Becuase as per USCIS "..petition may not be not approved for a period which would permit the beneficiary to remain for an aggregate of more than 6 years ..."

If your 6 Years Physical Stay is completing in Dec 2014 , your labor must be filed before Dec 2013 in order for you to be eligible for 1 Year extension beyond Dec 2014. OR , if your I140 is approved before Dec 2014 you may be eligible for 3 Year extension.

This is my opinion not legal advice.

[krishna_krp]

Yes. Hence even if you stayed more than 1 Year outside US your clock wasnt reset. Had you applied with a new petition with Company B, that particular petition would have been valid for 6 Years. Since you used a cap exempt petition the previous tenure gets added. Becuase as per USCIS "..petition may not be not approved for a period which would permit the beneficiary to remain for an aggregate of more than 6 years ..."

If your 6 Years Physical Stay is completing in Dec 2014 , your labor must be filed before Dec 2013 in order for you to be eligible for 1 Year extension beyond Dec 2014. OR , if your I140 is approved before Dec 2014 you may be eligible for 3 Year extension.

This is my opinion not legal advice.

Thanks for you reply. This is helpful.