Confusion! Calculating duration on H1B: Pl help!!!!

[m_v]

Hi,

My husband has been on H1 B visa since 1999, but has been visiting US intermittently. Here is the detail of his arrival/departure to/from US and the actual VISA stamping that reflects in his pass port.:

Actual Visa Stamping as reflected in Passport:
4th Nov1999 - 1st Oct 2001
15thMay2002 - 14thOct 2003
9th Nov2004 - 30thApr 2006

Arrival/Departure Record to/from USA:
19th Dec 1999 - 07th May 2000
06th Nov 2000 - 01st feb 2002
24th Aug 2002 - 28th Oct 2002
13th apr 2003 - 15th Oct 2004
01st Mar 2005 - still staying (I-94 till 10th May'06)


1).04th Nov 1999 - 03rd Nov 2000 4mths 7 days
2).04th Nov 2000 - 03rd Nov 2001 1 year
3).04th Nov 2001 - 03rd Nov 2002 2mths 27 days; 2mths5 days ~ 5 mths
4).04th Nov 2002 - 03rd Nov 2003 8 months
5).04th Nov 2003 - 03rd Nov 2004 1 year
6).04th Nov 2004 - 03rd Nov 2005 3 mths + continuing to stay
Total Stay (2 + 4 + 5) 3 years (4th year started)


I had come across the following info on Murthy.com under the topic - Duration of Stay in H1B Status:

"...The law provides for certain exceptions to the limit on stay. If the beneficiary's work in the U.S. is seasonal or intermittent, or s/he spends six months or less per year in the U.S., then the six year limit does not apply. The law also permits one to apply for one-year incremental extensions of H1B status if s/he has remained in status and has had a labor certification our I-140 pending for 365 days or more."

Can anybody please advice on how many more years are left for my husband's H1B status, after 10th May 2006 (i.e the permitted date stamped on current I-94)? According to me only 3 years have passed on H1B. Is that right?

Looking for help.....

Regards,
M_V

 

[orangetreats]

Phew!!!! Hey take it easy lady.... All of us here are not great at numbers...so hold em back will ya !!!!!

Bottom line... time on your H1b visa starts accruing from the first day you landed in US at POE.... From that day you will be give a total of 6 years in 3 year increments....

Now... the H1b visa holder may have left the country and come back and so on.. zillion times.... Each such entries should be properly documented and the difference in months/days should be calculated when you left/entered the country ... You should let your lawyer know about this so that he can factor this at extension at the end of 3 year or 6 year period...Remember INS will not factor this into the H1...the burden of proof lies on you/lawyer....

The situation that murthy is talking about would NOT apply, since you lived more than a year on H1... Beside proving this situation is very difficult and unheard of...

Ask your husbands lawyer to factor in the H1 the time spent outside the US... rememebr the burden of proof is on you/lawyer to prove this... INS is out of the loop on this one

Hi,

My husband has been on H1 B visa since 1999, but has been visiting US intermittently. Here is the detail of his arrival/departure to/from US and the actual VISA stamping that reflects in his pass port.:

Actual Visa Stamping as reflected in Passport:
4th Nov1999 - 1st Oct 2001
15thMay2002 - 14thOct 2003
9th Nov2004 - 30thApr 2006

Arrival/Departure Record to/from USA:
19th Dec 1999 - 07th May 2000
06th Nov 2000 - 01st feb 2002
24th Aug 2002 - 28th Oct 2002
13th apr 2003 - 15th Oct 2004
01st Mar 2005 - still staying (I-94 till 10th May'06)


1).04th Nov 1999 - 03rd Nov 2000 4mths 7 days
2).04th Nov 2000 - 03rd Nov 2001 1 year
3).04th Nov 2001 - 03rd Nov 2002 2mths 27 days; 2mths5 days ~ 5 mths
4).04th Nov 2002 - 03rd Nov 2003 8 months
5).04th Nov 2003 - 03rd Nov 2004 1 year
6).04th Nov 2004 - 03rd Nov 2005 3 mths + continuing to stay
Total Stay (2 + 4 + 5) 3 years (4th year started)


I had come across the following info on Murthy.com under the topic - Duration of Stay in H1B Status:

"...The law provides for certain exceptions to the limit on stay. If the beneficiary's work in the U.S. is seasonal or intermittent, or s/he spends six months or less per year in the U.S., then the six year limit does not apply. The law also permits one to apply for one-year incremental extensions of H1B status if s/he has remained in status and has had a labor certification our I-140 pending for 365 days or more."

Can anybody please advice on how many more years are left for my husband's H1B status, after 10th May 2006 (i.e the permitted date stamped on current I-94)? According to me only 3 years have passed on H1B. Is that right?

Looking for help.....

Regards,
M_V