How much time left for my H1B?

[Nileshpatil141]

Hello,

I am interested in knowing how much time I have left on my H1B visa and how soon I should start my Green Card processing.

I came to USA on Jan 2010 on L1B visa. Stayed for almost 3 years and went back in Nov 2012. After that in next April 2013 I got selected in H1B lottery and my company processed my H1 B visa in Oct 2013, but I entered in USA Jan 2014.
Detailed list of entry and Exit

Entry IN Visa Status Exit out Days out of USA
1 Jan 18th 2010 L1B Apr 22nd 2011
2 May 24th 2011 L1B July 3rd 2012 (Total days out between First exit and Second entry: 32 days)
3 July 17th 2012 L1B Nov 21st 2012 (Total days out between Second exit and Third entry: 14 days)
4 Jan 13th 2014 H1B June 14th 2014 (Total days out between Third exit and Forth entry: 1 year 52 days)
5 July 2nd 2014 H1B Dec 23rd 2015 (Total days out between Forth exit and Fifth entry: 18 days)
6 Jan 19th 2016 H1B (Total days out between Fifth exit and Sixth entry 26 days)

Total Days out 560


Last year I have changed my employer and working with it from last 8 months. They are ready to file my Green card but with some conditions. Hence, I want to know how much time I have left on H1B and how soon I should start Green card process. With new employer I have H1B valid till Aug 2018.

Do I have 6 years from H1B first entry i.e. Jan 13th 2014?
And if I am not starting my GC then when should I leave USA?

Please suggest.

Thanks and regards,

[Nileshpatil141]

Hello,

I am interested in knowing how much time I have left on my H1B visa and how soon I should start my Green Card processing.

I came to USA on Jan 2010 on L1B visa. Stayed for almost 3 years and went back in Nov 2012. After that in next April 2013 I got selected in H1B lottery and my company processed my H1 B visa in Oct 2013, but I entered in USA Jan 2014.
Detailed list of entry and Exit

Entry IN Visa Status Exit out Days out of USA
1 Jan 18th 2010 L1B Apr 22nd 2011
2 May 24th 2011 L1B July 3rd 2012 (Total days out between First exit and Second entry: 32 days)
3 July 17th 2012 L1B Nov 21st 2012 (Total days out between Second exit and Third entry: 14 days)
4 Jan 13th 2014 H1B June 14th 2014 (Total days out between Third exit and Forth entry: 1 year 52 days)
5 July 2nd 2014 H1B Dec 23rd 2015 (Total days out between Forth exit and Fifth entry: 18 days)
6 Jan 19th 2016 H1B (Total days out between Fifth exit and Sixth entry 26 days)

Total Days out 560


Last year I have changed my employer and working with it from last 8 months. They are ready to file my Green card but with some conditions. Hence, I want to know how much time I have left on H1B and how soon I should start Green card process. With new employer I have H1B valid till Aug 2018.

Do I have 6 years from H1B first entry i.e. Jan 13th 2014?
And if I am not starting my GC then when should I leave USA?

Please suggest.

Thanks and regards,

Can somebody please reply?

- - - Updated - - -

Can somebody please reply?

[raghvi]

Hello,

I am interested in knowing how much time I have left on my H1B visa and how soon I should start my Green Card processing.

I came to USA on Jan 2010 on L1B visa. Stayed for almost 3 years and went back in Nov 2012. After that in next April 2013 I got selected in H1B lottery and my company processed my H1 B visa in Oct 2013, but I entered in USA Jan 2014.
Detailed list of entry and Exit

Entry IN Visa Status Exit out Days out of USA
1 Jan 18th 2010 L1B Apr 22nd 2011
2 May 24th 2011 L1B July 3rd 2012 (Total days out between First exit and Second entry: 32 days)
3 July 17th 2012 L1B Nov 21st 2012 (Total days out between Second exit and Third entry: 14 days)
4 Jan 13th 2014 H1B June 14th 2014 (Total days out between Third exit and Forth entry: 1 year 52 days)
5 July 2nd 2014 H1B Dec 23rd 2015 (Total days out between Forth exit and Fifth entry: 18 days)
6 Jan 19th 2016 H1B (Total days out between Fifth exit and Sixth entry 26 days)

Total Days out 560


Last year I have changed my employer and working with it from last 8 months. They are ready to file my Green card but with some conditions. Hence, I want to know how much time I have left on H1B and how soon I should start Green card process. With new employer I have H1B valid till Aug 2018.

Do I have 6 years from H1B first entry i.e. Jan 13th 2014?
And if I am not starting my GC then when should I leave USA?

Please suggest.

Thanks and regards,

Apparently you do not have fresh 6 Years from Entry in Jan 2014 as the time between your departure and H1 application was less than 1 Year. The time you spent out in last 6 years can be reclaimed, which would be 560 days in your case. So you may have around 430 Days (560 - Jan 18 2016 till date) remaining to be recaptured, which suggests that you should apply for GC within the next 2-3 Months (430-365). I would suggest that you take these dates to your attorney and discuss the options.

This is my opinion not legal advice.