Case:Counting 6 years for H1

[grv]

Hi All

I am on H1 B. My company wants to start a development center in India, and wants me to go to India (for a period of time) to help set up. Please note that while in India, I will continue to be an employee of my company in US. I am to return to US after setting up our company's India operations.

1. Since the max time you can be on H1 (ignoring extensions) is 6 years, would the time I spend in India (lets say x months) be counted? (From what I know - please correct if I am mistaken - , any time spent outside US wont count )

2. Another rule states that your 'clock' (for H1 B) gets 'reset' when you have been out of US for a year. If that is so, would a stay in India for a year, reset my H1 timeout?


tx in adv.
Grv

PS: When in India, I will continue to be on my company's H1.

 

[Jim Mills]

You are correct about what the law anf regulations say. INS however, seems to feel that time outside the US still counts toward the six year limit unless it constitutes a "meaningful interruption". I see no basis in the rules for this but that is what INS says. So it's a matter of INS determining whether your stay will constitute a "meaningful interrruption" It seems clear to me that it will so as long as it is clear to INS the time spent outside the US will not count toward the six year limit, Also, if you are physically outside the US for more than 365 days you should be able to get another 6 year period.

Probably the clearest way to ensure the above would be for the company to cancel your H-1 when you leave for India and refile when you need to come back, Also consider an L-1A if you are going to be in a managerial capacity for a year overseas and will be coming back to the US as a manager. It would make a GC much easier.