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H1B 6 Year clause

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  • H1B 6 Year clause

    Hi,

    I have a question on my H1B. I had initially travelled to US on 10-Sep-2006. I stayed there until 12-Mar-2011. During this time, I had made several visits to India for vacation and had also got my H1B stamped again one time. In all I have physically spent 1519 days in US. I am currently on an extension. My H1B visa has expired in Jan-2012 and my petition is valid until 09-Sep-2012. This being the case,

    1) If I go for stamping, the new visa issued would be valid only until the petition expiry date of 09-Sep-2012. Correct?

    2) If i travel to US in Mar-2012, will I be able to file an extension beyond 09-Sep-2012 since I would have not physically completed 6 years in US by this time.

    3) Does the 6 year clock get reset since I have already spent more than a year outsire USA. Or does the clock get reset only if a new petition is filed?

    Thanks!

  • #2
    Originally posted by rohitagarwal01 View Post
    Hi,

    I have a question on my H1B. I had initially travelled to US on 10-Sep-2006. I stayed there until 12-Mar-2011. During this time, I had made several visits to India for vacation and had also got my H1B stamped again one time. In all I have physically spent 1519 days in US. I am currently on an extension. My H1B visa has expired in Jan-2012 and my petition is valid until 09-Sep-2012. This being the case,

    1) If I go for stamping, the new visa issued would be valid only until the petition expiry date of 09-Sep-2012. Correct?
    Yes.
    2) If i travel to US in Mar-2012, will I be able to file an extension beyond 09-Sep-2012 since I would have not physically completed 6 years in US by this time.
    Yes, duration will depend on how much time is left from the 6 years.
    3) Does the 6 year clock get reset since I have already spent more than a year outsire USA. Or does the clock get reset only if a new petition is filed?
    No, a specific cap-subject petition has to be filed after the 1 year stay abroad.
    Thanks!
    See above.
    This is my opinion and not legal advice.

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    • #3
      H1B 6 Year clause

      Thank you!!

      Comment

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