You are here:

Immigration Issues/H1B clock reset question

Advertisement


Question
Hello Sir,

I came to US on Aug 2003 in Student (F1) Visa and worked in OPT from Sep 2005 to Sep 2006. Worked in H1 from Oct 2006 to Sep 2009 and then moved to India. Stayed in India for 1 year and 1 month and came to US in Oct 2010.

I have applied for H1 extension on Apr 2012 and got it approved for 3 more years (till Mar 2015), but six years is completing by Nov 2013.

As I stayed in India for more than 1 year, is the clock reset and am I eligible for 6 more years? I have already got I 797 approved till Mar 2015, so am I eligible to stay in US till that date?

Thanks

Answer
Hi,

Hopefully your employer filed a cap-subject H1B petition for you in 2010 on the basis that you stayed in India continuously for at least one year. If so, the 6 years aggregate allowed in H1B status start from Oct. 2010.

If the employer in 2010 requested the USCIS for "remainder" of 6 years aggregate allowed in H1B status (and thus exempted you from the visa cap), then you should depart the U.S. in Nov. 2013 (USCIS error granting status beyond that date cannot be relied upon as a defense to violation of status). Please discuss with the employer who prepared the earlier H1B petition about specifics.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.