Time remaining on my H1B

[kminf]

Dear experts,
I want to understand the time remaining on my current h1b. Here are my dates of residing on H1B visa-

Date Of Entry Date of Exit Number of days
10-Jan-09 17-Feb-09 39*
10-May-09 15-May-10 371
14-Jun-10 15-Jan-11 216
26-Jan-11 4-Jun-11 130

Gap of 691 days Or*1 yr, 10 mon

24-Apr-13 3-Feb-14 286
21-Nov-14 till today 412

Total days all together:1415

I want to understand, as I have a gap of 691 days (Or*1 yr, 10 mon) outside US, will that reset my counter of H1B ? How are six years getting calculated.
Also, when is the max safest time to apply for GC in order to avoid goining back from US due to completion of H1B term?

Thanks in advance!!

[shervin143]

H1B CAP is valid for 6 year. The H1B clock will reset only if you stay outside U.S for more than 365 days and then re-enter back on a fresh H1B that is subjected to CAP. If you use your previous H1B approval notice to get a CAP exempt H1B after spending 1 year outside U.S, then your H1B clock won't reset. To calculate the time left on your H1B 6 year limit, add all the time that you have spent in U.S in H1B + L1 status combined and then subtract it from 6 year years. The time that you spent outside can be recaptured by providing proper entry/exit records. This can be done while filing the last year extension.

To continue to stay in U.S and extend your H1B beyond your 6 year limit, your PERM (1st stage of GC) should have been filed 365 days prior to the end of the 6th year on your H1B.

[bluefish2411]

If you use your previous H1B approval notice to get a CAP exempt H1B after spending 1 year outside U.S, then your H1B clock won't reset. To calculate the time left on your H1B 6 year limit, add all the time that you have spent in U.S in H1B + L1 status combined and then subtract it from 6 year years. The time that you spent outside can be recaptured by providing proper entry/exit records. This can be done while filing the last year extension.

I have a similar question, want to understand your response better. I had a H1 from 2007, I had used just 10 months of it then. From 2008 to 2011 was in India. In 2011 I came to US on L2 and in 2013 got a cap exempt H1 based on the 2007 H1. My questions are -

1. Does the time on L2 in 2011-2013 count towards 6 years cap?
2. If my clock from 2007 doesnt reset, does it mean that I have used 10 months then and have a balance of 5 years 10 months on that H1. I have to subtract the time on H1 this time from 2013 to now from that 5 year and 10 months to determine when my 6 year cap is?

Thanks for your time!

[shervin143]

1. Does the time on L2 in 2011-2013 count towards 6 years cap?
>>> Nope. Only the time spent inside U.S in L1 + H1B status counts towards the 6 year limit.

2. If my clock from 2007 doesnt reset, does it mean that I have used 10 months then and have a balance of 5 years 10 months on that H1. I have to subtract the time on H1 this time from 2013 to now from that 5 year and 10 months to determine when my 6 year cap is?
>>> That is correct. 6 years (minus) 10 months that you spent in H1B status on your first visit (minus) the time you are in H1B status now.

[bluefish2411]

1. Does the time on L2 in 2011-2013 count towards 6 years cap?
>>> Nope. Only the time spent inside U.S in L1 + H1B status counts towards the 6 year limit.

2. If my clock from 2007 doesnt reset, does it mean that I have used 10 months then and have a balance of 5 years 10 months on that H1. I have to subtract the time on H1 this time from 2013 to now from that 5 year and 10 months to determine when my 6 year cap is?
>>> That is correct. 6 years (minus) 10 months that you spent in H1B status on your first visit (minus) the time you are in H1B status now.

Thanks a lot fr the quick response sherwin, much appreciated!!

[imigration101]

Need clarification on H1b 6 year cap
Any input on my situation will be greatly appreciated, the following are my H1b time periods

1st H1B job thru employer in NJ Oct 2009 to June 2011
Next I took a training position J1 visa July 2011 to Sept 2018
2nd H1b job Thru employer in MS Oct 2017 to Jan 2021
3rd H1b job Thru employer in MI Feb 2021 valid thru Dec 2021

My question is, would the time I spent on my first H1b job be counted towards the H1b six years cap ? Thanks in advance

[rkk09]

Hi Member,
My question is, would the time I spent on my first H1b job be counted towards the H1b six years cap ?
Answer: It depend on your second H1B selection. Please confirm, you have got H1B in the year of 2017 under CAP or CAP exempt? As per my knowledge, It might not be CAP exempt. If so, the first H1B will not be counted again under 6 years.
Thanks