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Immigration Issues/H1B duration after 1 year stay out of US

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Question
Hi Ajay,

I have stayed in US for 2 years from Jan,2007 to DEC 2008 from employer A. I stayed out of US for 1 year 3 months and returned to US (Mar, 2010) on same H1B with the same employer and staying in US since then. I changed employer in DEC 2011 to employer B.

My Question is, do I get to stay 6 years from Mar 2010 as I stayed out of US for more than one year?

Please suggest.

Answer
Hi,

When Employer A filed the H1B petition for you after absence from the U.S. for one year and 3 months, did the employer file a cap-subject petition? If he did, then the six year clock starts from March 2010. However, if Employer A filed the petition for you requesting the remainder of the time available to you with the six year clock from Jan. 2007, then you do not get a new six year clock from March 2010. The H1B petition (Form I-129) will need to be examined to see if the petition was cap-subject or not.

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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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