Immigration Issues/H1B 6 year stay

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Question
QUESTION: My US trips  Entry date,   Exit Date,
         11/12/2004 1/6/2006

         2/1/2006 2/23/2006

         5/23/2006 6/4/2006

         8/8/2006 5/11/2007
425 days outside US
         7/9/2008 Till date in US

my petition is upto 2/6/2013 .

All Extensions were done with same H1. Did my 6 years clock reset?

please let me know if another extension is possible or is this error from USCIS?? according to stay 6 years completes on july 8th 2012

ANSWER: Hi,

As you were continuously outside the U.S. for one year, the six year clock starts from 7/9/2008. Thus, your employer can file an H1B petition requesting extension of your status from 7/9/12 to 7/8/14.

---------- FOLLOW-UP ----------

QUESTION: as per immigration team of Company X
"Primary review of the case shows that Mr. XX maxout date is July 31, 2012.  He has been outside of the country from 5/13/2007 to 7/9/2008 (more than 365 days)however he did not enter the U.S. on a new H so, his 6 years clock will NOT restart.  Please note that if he has PERM filed/pending for more than a year or has an approved I-140 we can request for longer period else based on our calculations we can request only till 7/31/2012.

Please note that his current I-94 is valid till 2/6/2013"

I do not have PERM or I-140. so does clock reset whether its new petition or old petition extension. Also whether new H1 should be filed without CAP restrictions to get 6 years??

Thanks

Answer
Hi,

From the dates provided in your original query, it appeared that an H1B petition was filed by Company A valid from 2004 to 2007 (an H1B petition is normally approved for a 3 year term at a time), and it also appeared that you then departed the U.S. for one year when Co. A's H1B approval  notice expired in 2007. Sometime in 2007 or 2008 Co. A again filed an H1B petition for you, but this time Co. A requested consular processing instead of extension of status, and then you obtained a new H1B visa stamp in order to enter the U.S. in July 2008. If the above summary is true, then you remained outside the U.S. for one year and the 6 year clock starts again from July 2008. However, the immigration team reviewing your case has the exact facts including copies of passport, H1B approval notices and even the I-129 petition filed by Co. earlier and is presumably better placed to offer an informed opinion.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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