H1B stay 6 years calculation

[pdas1979]

Hi ,

I have a question.

Employer 1 applied fresh H1B for me. It was picked in lottery and got approved.
I was in USA from 15-Nov-2009 to 19-Sep-2010(308 days) from employer1
Again I was in USA from 29-May-2011 to 15-Dec-2012(566 days) from employer1.

Next I joined Employer 2 and Employer 2 applied fresh H1B for me. It was picked in lottery and got approved.
With that H1B I stayed in USA from 15th Feb'2015 to till date.Now my current H1b petition is approved up to 23 rd Sep'2017.

What my understanding is as Employer 2 had applied fresh H1b and I had more than 2 + years gap between last stay from Employer 1(15-Dec-2012) and my current stay start date(15-Feb-2015) ,my H1b 6 years cycle should start from 15-Feb-2015.

My question is what will be the 6 years duration up to that date I am eligible to stay at US??

Will it start from 15th Feb'2015
OR
my earlier stay before 2015 also will be calculated.

Please provide your suggestion. Appreciate your help.

[raghvi]

Hi ,

I have a question.

Employer 1 applied fresh H1B for me. It was picked in lottery and got approved.
I was in USA from 15-Nov-2009 to 19-Sep-2010(308 days) from employer1
Again I was in USA from 29-May-2011 to 15-Dec-2012(566 days) from employer1.

Next I joined Employer 2 and Employer 2 applied fresh H1B for me. It was picked in lottery and got approved.
With that H1B I stayed in USA from 15th Feb'2015 to till date.Now my current H1b petition is approved up to 23 rd Sep'2017.

What my understanding is as Employer 2 had applied fresh H1b and I had more than 2 + years gap between last stay from Employer 1(15-Dec-2012) and my current stay start date(15-Feb-2015) ,my H1b 6 years cycle should start from 15-Feb-2015.

My question is what will be the 6 years duration up to that date I am eligible to stay at US??

Will it start from 15th Feb'2015
OR
my earlier stay before 2015 also will be calculated.

Please provide your suggestion. Appreciate your help.

When Did employer 2 apply for their H1?

[pdas1979]

Hi ,

When Did employer 2 apply for their H1?

2nd Employer applied H1b in the 2014 cap. Application picked up in the lottery and got approved.

My question is what will be the 6 years duration up to that date I am eligible to stay at US??

Will it start from 15th Feb'2015
OR
my earlier stay before 2015 also will be calculated.

[raghvi]

2nd Employer applied H1b in the 2014 cap. Application picked up in the lottery and got approved.

My question is what will be the 6 years duration up to that date I am eligible to stay at US??

Will it start from 15th Feb'2015
OR
my earlier stay before 2015 also will be calculated.

In April 2014 or in April 2013?

[scientist2016]

It is not how long you have stayed outside the US that counts, but rather the gap between your last exit, and the H1 application date.
Hence, if applied in April 2013 (which it would make it 2014 quota), then your earlier stay would count. If it was applied in April 2014 (2015 quota) then your clock would reset and start from Feb 2015 onwards. Am I right Raghvi?

[raghvi]

It is not how long you have stayed outside the US that counts, but rather the gap between your last exit, and the H1 application date.
Hence, if applied in April 2013 (which it would make it 2014 quota), then your earlier stay would count. If it was applied in April 2014 (2015 quota) then your clock would reset and start from Feb 2015 onwards. Am I right Raghvi?

I agree. That's what I was trying to eventually get at. Thanks for making it easy.

This is my opinion not legal advice.

[pdas1979]

If it was applied in April 2014 (2015 quota) then your clock would reset and start from Feb 2015 onwards.

Thanks both of you for your reply.
Yes. I came back on Dec 2012 and My H1B was applied in April'2014. So my clock would start from Feb 2015 onwards and I can stay up to Feb'2021 right?? Please let me know.

[raghvi]

Thanks both of you for your reply.
Yes. I came back on Dec 2012 and My H1B was applied in April'2014. So my clock would start from Feb 2015 onwards and I can stay up to Feb'2021 right?? Please let me know.

Yes.

This is my opinion not legal advice.