6 year limit on H1B

[sh_12]

Hi,

I was out of country for 1.5 year in my 6 years limit on H1b.I will be completing 6 years by end of DEC 2015.Recently When I transferred my H1b to another employer, I got vaildaity till Dec 2015 only.

When Attorney contact visa officer, they said,I am reaching 6yrs limit.

my Questions

1.6 year limit will Re initiate if any one is out of out of the country more than 1 year??

2.What will be my option.... do I need to start my GC and apply for extension, if it does not work with in 6 months do I need to leave the country and re enter after 1 year?


Please advise.


Thanls
Maddy

[kadkhiq81]

6 year limit on H1B

Yes, USCIS was correct. You should have applied fresh H1 when you were out of country after spending 1 full year outside to reset your 6 years limit. You should Immediately process your GC to give a try but I doubt to get extension based on the approved labor as this process should have started 365 days prior to your 6 years completion but nothing hurts to give a try.

This is my opinion.

[sh_12]

Yes, USCIS was correct. You should have applied fresh H1 when you were out of country after spending 1 full year outside to reset your 6 years limit. You should Immediately process your GC to give a try but I doubt to get extension based on the approved labor as this process should have started 365 days prior to your 6 years completion but nothing hurts to give a try.

This is my opinion.

Thanks for the response.


I have transferred in 2013 to different employer(I did not move to this employer), that time i got validity till Nov 2016.
I thought,I was eligible for fresh 6 years and I have delayed my GC. but this time with my H1b transfer, I got validity till OCT 2015 only. I am not sure what is going on with my case.

[raghvi]

Have you asked the attorney about recapture of those 1.5 Years? If in last 6 Years you have been out of US for 1.5 Years then you technically still have 1.5 Years remaining on your H1 and those can be recaptured. So first thing you need to do is calculate how many days have you actually spent on same H1 petition. If less than 6 Years then look at possibility of recapture and get GC started too.

This is my opinion not legal advice.

[sh_12]

Have you asked the attorney about recapture of those 1.5 Years? If in last 6 Years you have been out of US for 1.5 Years then you technically still have 1.5 Years remaining on your H1 and those can be recaptured. So first thing you need to do is calculate how many days have you actually spent on same H1 petition. If less than 6 Years then look at possibility of recapture and get GC started too.

This is my opinion not legal advice.

1.5 yrs inclueded in 6 years and it will be ending by Oct 2015.Even if my current emoployer starts GC, labor will not approve before OCt 2015,I don't see any other options to extend my stay after OCt 2015.

[raghvi]

1.5 yrs inclueded in 6 years and it will be ending by Oct 2015.Even if my current emoployer starts GC, labor will not approve before OCt 2015,I don't see any other options to extend my stay after OCt 2015.

In that case, the only option I see is stay outside US for an entire Year and you may be lucky enough to get into quota next year. If you leave within next 14 days, you might well be eligible to apply on 01-PAril-2016 to start from 01-Oct-2016.

This is my opinion not legal advice.

[sh_12]

In that case, the only option I see is stay outside US for an entire Year and you may be lucky enough to get into quota next year. If you leave within next 14 days, you might well be eligible to apply on 01-PAril-2016 to start from 01-Oct-2016.

This is my opinion not legal advice.

With Previous employer Perm labour approved.Is there any way ,I can use previous employer Perm labour approval to extent my stay behind 6 years. like 365 rule??


Maddy

[raghvi]

With Previous employer Perm labour approved.Is there any way ,I can use previous employer Perm labour approval to extent my stay behind 6 years. like 365 rule??


Maddy

PERM is approved, what about I140 approval? When was PERM filed?

[sh_12]

PERM is approved, what about I140 approval? When was PERM filed?

PERM filed in SEPT 2014 and it was approved in Feb 2015 last week, laid off in Jan 1st week with my previous employer.6 years are completing by OCT 2015, 2nd week with current employer.