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ssabari
08-18-2013, 06:01 PM
Hi,
I got L1B visa approved for period 04oct2007 - 01aug2010.

I came to US and stayed 6 months.( 28jun2008 - 2dec2008)
Again I came to US and stayed 2 months.(31dec2009 - 08mar2010)
Again I came to US and stayed 12 months.(07apr2010 - 26mar2011). L1B extension applied on time and it got denied on 24th Mar 2011.

I was stayed in India from 27mar2011 to 02mar2012(11 months 7 days). during this time I applied H1B visa and It got approved for period 03feb2012 - 10oct2014.

I came to US on 03mar2012 and stayed till 06Oct2012 and then I traveled back to India for vacation.
Again I came to US on 04Nov2012 after vacation and I am still in US.

Would they consider the period I was in India as out of country 1 year?
Can I stay in US 6 years in current H1B visa. My company is planning to apply GC for me. Please advise.

Thanks,
Sabari

krishmunn
08-18-2013, 06:38 PM
Unfortunately , you are short of 365 days out of US rule to get the full 6 year on H1. Per rule the new H1 need to be applied after 365 days out of country if you want to avail the full 6 year quota. This has been confirmed by a Murthy Attorney in the Murthy forum.

vegasbaby
08-19-2013, 02:59 PM
Hi,
I got L1B visa approved for period 04oct2007 - 01aug2010.

I came to US and stayed 6 months.( 28jun2008 - 2dec2008)
Again I came to US and stayed 2 months.(31dec2009 - 08mar2010)
Again I came to US and stayed 12 months.(07apr2010 - 26mar2011). L1B extension applied on time and it got denied on 24th Mar 2011.

I was stayed in India from 27mar2011 to 02mar2012(11 months 7 days). during this time I applied H1B visa and It got approved for period 03feb2012 - 10oct2014.

I came to US on 03mar2012 and stayed till 06Oct2012 and then I traveled back to India for vacation.
Again I came to US on 04Nov2012 after vacation and I am still in US.

Would they consider the period I was in India as out of country 1 year?
Can I stay in US 6 years in current H1B visa. My company is planning to apply GC for me. Please advise.

Thanks,
Sabari

I think your 6 yrs have started from 31 DEC 2009. Because, from that date onwards, you have never been out of US for more than 365 days. So, your 6 yrs would end on 31 DEC 2015. You may be able to gain some vacation time, and possibly extend for another yr (your 11 months 7 days period + 1 month between 8 March 2010 and 7 April 2010 + any more out of country days that you may accrue).

ssabari
08-19-2013, 04:04 PM
Thanks for your reply.

I went for vacation on 06Oct2012 and returned on 04Nov2012.

It would be great if you could let me know till how long I can stay in US with current H1B. My management is asking this info to file GC.

Thanks in advance.

Thanks,
Sabari

bpratap
08-19-2013, 07:30 PM
If you apply for GC ASAP, you should be good. Once Labor is approved, you can extend the H1B in 1 yr increments and in 3yr increments if your I-140 is approved.

None of the 6yr rules will apply if you have at-least Labor is approved.



Thanks for your reply.

I went for vacation on 06Oct2012 and returned on 04Nov2012.

It would be great if you could let me know till how long I can stay in US with current H1B. My management is asking this info to file GC.

Thanks in advance.

Thanks,
Sabari

vegasbaby
08-20-2013, 11:30 AM
Thanks for your reply.

I went for vacation on 06Oct2012 and returned on 04Nov2012.

It would be great if you could let me know till how long I can stay in US with current H1B. My management is asking this info to file GC.

Thanks in advance.

Thanks,
Sabari

Certainly not beyond April 2017.