H1B 6 year limit calculation: Will my previous stay considered

[RamG]

Hi,

I need help in calculating my 6 year H1B limit and expiry date

I was in US from 2007 July to Oct 2008 around 14 months in H1B then it got expired

I worked in India in 2009 and part of 2010

My company applied for fresh H1B under cap in 2009

I traveled back to US under the new H1B from July 2010 to Feb 2011 around 7 months

Now I have got a H1B under cap exempt and would travel in Jan 2014

I get my 6 year limit as follows

1. 2018 March? - 51 months (72 - 21) from Jan 2014 - if I include the 1st H1B stay


2. 2019 May? - 65 months (72-7) from Jan 2014 - If I consider the second H1B alone as its a fresh H1B unser cap


As my second H1b was under cap, my question now is if my first stay duration would be included
in the overall 6 year limit calucation or or only the second stay alone?

[raghvi]

Hi,

I need help in calculating my 6 year H1B limit and expiry date

I was in US from 2007 July to Oct 2008 around 14 months in H1B then it got expired

I worked in India in 2009 and part of 2010

My company applied for fresh H1B under cap in 2009

I traveled back to US under the new H1B from July 2010 to Feb 2011 around 7 months

Now I have got a H1B under cap exempt and would travel in Jan 2014

I get my 6 year limit as follows

1. 2018 March? - 51 months (72 - 21) from Jan 2014 - if I include the 1st H1B stay


2. 2019 May? - 65 months (72-7) from Jan 2014 - If I consider the second H1B alone as its a fresh H1B unser cap


As my second H1b was under cap, my question now is if my first stay duration would be included
in the overall 6 year limit calucation or or only the second stay alone?

Did your company file fresh H1 after Oct 2009 or before? Generally if the fresh H1 is applied AFTER completion of 1 Year only then the clock gets reset.

So in you case it would be 2018 March if your calculation are right.


This is my opinion not legal advice.

[RamG]

Did your company file fresh H1 after Oct 2009 or before? Generally if the fresh H1 is applied AFTER completion of 1 Year only then the clock gets reset.

So in you case it would be 2018 March if your calculation are right.


This is my opinion not legal advice.

Thanks for the reply. My Visa issue date shows 22Apr2010. My earlier Visa got expired in 14Mar2009. Hence my company would have applied within the 1 year period only. Should I consider the date in which its applied (I couldnt find it from any documents that I have) or the visa issue date should be considered?