H1B 6 years validity with multiple gaps with visits to india

[sarat.manthena]

Hi,
My got my first H1B visa on Sep 2008 which is valid until Jul 2011.
I first visited USA in May 10th 2010
I went back to india Feb 2011

After my first visa is expired i filed a fresh H1 in India with exempt category in 2012 and i got my new H1b again this time from Jan 2013 to Dec 2013.
I came to USA again in Feb 2013 and extended my visa over here for which i got the extension from Jan 2014 until 9th May 2016.

I went back to india again on Dec 2014 and came back in Jan 2015 with the visa stamping done which is valid from jan 2015 to 9th May 2016.

Will my 6 year stay validity expire in 9th May 2016? as it is 6 years from my first visit to USA till this extension.

Will i be able to extend my visa further or should i go for a green card processing for sure?

[shervin143]

Calculate all the time spent in U.S in H1B (+L1) status from your last H1B that was approved under a brand new CAP (In your case, post Feb 2013) and minus that from 6 years. That will tell howmuch more time is left in your H1B 6 year period.

[sarat.manthena]

Calculate all the time spent in U.S in H1B (+L1) status from your last H1B that was approved under a brand new CAP (In your case, post Feb 2013) and minus that from 6 years. That will tell howmuch more time is left in your H1B 6 year period.

Thank your inputs shervin.
But when i filed for my H1B in 2012 it was under exempt category based on my previous work visa (did not go for any lottery system).
How would i know if Feb 2013 visa is approved under a brand new CAP?
And all my work permit numbers are different.

[raghvi]

Thank your inputs shervin.
But when i filed for my H1B in 2012 it was under exempt category based on my previous work visa (did not go for any lottery system).
How would i know if Feb 2013 visa is approved under a brand new CAP?
And all my work permit numbers are different.

If you filed using a previously cap counted petition than all the previous time also would get added and need to be taken into account while determining the 6 Year limit. So include the time spent all the way from Sep 2008 till date.

This is my opinion not legal advice.

[shervin143]

Ok, I misread your post. I thought your 2nd H1B was filed under a new CAP since you stayed outside U.S for more than a year. If you filed your H1B in 2012 using the previous CAP, then you have to calculate all the time that you have spent in U.S (in H1B + L1 status) starting from your first visit.

Thank your inputs shervin.
But when i filed for my H1B in 2012 it was under exempt category based on my previous work visa (did not go for any lottery system).
How would i know if Feb 2013 visa is approved under a brand new CAP?
And all my work permit numbers are different.

[sarat.manthena]

If you filed using a previously cap counted petition than all the previous time also would get added and need to be taken into account while determining the 6 Year limit. So include the time spent all the way from Sep 2008 till date.

This is my opinion not legal advice.

So can i assume that in the 6 years i am done with around 3.5 years is done and still i have 2.5 years which i can renew?

Or the years which i am in India in the middle shall also be counted?
Also how to check if i am using the same CAP or not? My company filed my H1 so no clue on this.

[shervin143]

As I have repeated multiple times, only the time spent in U.S in H1B + L1 status counts towards your 6 year duration. Anytime spent outside U.S can be recaptured by showing the entry exist records in the passport. If your 2nd H1B was not filed in April under a new CAP with the employment start date of Oct 1st, then it is not under a new CAP.

So can i assume that in the 6 years i am done with around 3.5 years is done and still i have 2.5 years which i can renew?

Or the years which i am in India in the middle shall also be counted?
Also how to check if i am using the same CAP or not? My company filed my H1 so no clue on this.

[adishetye]

Need Help on Extension on H1B visa under cap exempt category

hello,
I was Student in USA on F1 visa from 2001 to 2004 and then was on H1B visa till July 2008. Post that returned back to India. My current company filed for my h1B in the cap exempt category and this petition was approved with validity from Aug 14 till Jan 2017(completing my 6 yrs on H1B visa) .I got my visa stamped in Dec 14 and currently i am in USA since 2 Jun 2015.

Essentially i was in india from Aug 14 till 1st Jun 2015 with H1B status. Can i file for my extension on my current H1B visa for this time on my current H1B visa?

Please let me know.