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Immigration Issues/H1B 6-year stay limit reset


Hello Sir,

I stayed in US for 4.5 years as of now (3 years during Dec-2006 to Dec-2009 and 1.5 year since Feb-2011). Current stay continuing, would complete 6 years in Jan-2014.

Question is will the 1 full year stay outside the US (Jan-2010 to Jan-2011) reset the 6-year stay limit from Feb-2011, making the stay till Jan-2014 counted as 3rd year complete instead of 6th year complete?

I first got H1B in 2006, valid from Nov-2006 to Jun-2008. Filed for extension in 2008 and extended-petition is valid from Jun-2008 to Apr-2011. Filed for another extension in 2011 and extended-petition is valid from Apr-2011 to Mar-2013. Will be filing for another extension in couple of months, so the question is would that petition be approved till Jan-2014 because 6 years of stay on the same H1 ends Jan-2014, or would it be approved for 3 years till Mar-2016, by not considering the first 3 years of stay, since there was one year gap after that?

Note: (1) There's no GC application. (2) The first H1B visa got in 2006 is continuing since then, there's no "fresh" H1B filed after that. (3) Working for same employer this entire duration.

Thanks in advance,

Dear Sohan:
Your query is some what confusing; I dont understand why (even if counted as resetting the clock) stay untill Jan 2014 be counted as 3rd year complete?

To my understanding, since no new H1b was filed your clock may not have reset. However, I as your question is case specific for it to be answered meaningfully on a forum, I recommend hiring an immigration attorney on a retainer basis to provide on-going support as undoubtedly it will be needed since you are delving into a murky area of the law.  

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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