H1 to H4 back to H1 - How to count years?

U

urb100

Registered Users (C)
I would appreciate your suggestions on this vital question for me:

Here is my situation:

Dec 99: Graduated from college.
Jan 00: Started OPT, and started working for company A
Jan 01: H1-B approved and contiuned working for A
Apr 01: Company went bust and I had to change to H4 (Dependent)

Since then, for various reasons, I had to stay home for a long time.

Jan 05: Got new H1 from new company - B. Changed status and started working again. .... currently working ....
Sep 07: Date my H1-B expires.

So far my total time on H1-B: 4 months (Jan 01-Apr01) + 13 months (Jan 05 to Feb 06) = 17 months = Less than 1 and half year.

My question is:
Do I qualify for another renewal of H1-B, in Sep 07?

Since I have been in H1-B to H4 to H1-B, does the time I spent on H4 count against my possible H1-B time which is normally 6 years?

Please advise. Thanks.
 
Redo your math

H1+H4 = H Visa total duration 6 years.
Your H4 time will be counted towards your 6 years allowed period.


urb100 said:
I would appreciate your suggestions on this vital question for me:

Here is my situation:

Dec 99: Graduated from college.
Jan 00: Started OPT, and started working for company A
Jan 01: H1-B approved and contiuned working for A
Apr 01: Company went bust and I had to change to H4 (Dependent)

Since then, for various reasons, I had to stay home for a long time.

Jan 05: Got new H1 from new company - B. Changed status and started working again. .... currently working ....
Sep 07: Date my H1-B expires.

So far my total time on H1-B: 4 months (Jan 01-Apr01) + 13 months (Jan 05 to Feb 06) = 17 months = Less than 1 and half year.

My question is:
Do I qualify for another renewal of H1-B, in Sep 07?

Since I have been in H1-B to H4 to H1-B, does the time I spent on H4 count against my possible H1-B time which is normally 6 years?

Please advise. Thanks.
Click to expand...
 
GreatGuru:

Thanks for the reply however it really does not make sense to me.

I would understand why L1 and H1 have a total of 6 years as they you can work on either on them, however when you are on H4, you don't work, hence the time you spend on H4 should not count against the total available against H1.

Also, someplace here in this forum, I read that "Any time NOT utilized on H-1 is preserved for future use.". Why this is not true when going from H1-H4-H1?

Please enlighten.
 
But that doesnot make sense, does it?

GreatGuru:

Thanks for the reply however it really does not make sense to me.

I would understand why L1 and H1 have a total of 6 years as they you can work on either on them, however when you are on H4, you don't work, hence the time you spend on H4 should not count against the total available against H1.

Also, someplace here in this forum, I read that "Any time NOT utilized on H-1 is preserved for future use.". Why this is not true when going from H1-H4-H1?

Please enlighten.
 
GreatGuru:

Thanks for the reply however it really does not make sense to me.

I would understand why L1 and H1 have a total of 6 years as they you can work on either on them, however when you are on H4, you don't work, hence the time you spend on H4 should not count against the total available against H1.

Also, someplace here in this forum, I read that "Any time NOT utilized on H-1 is preserved for future use.". Why this is not true when going from H1-H4-H1?

Please enlighten.
 
Decoupling H1B and H-4 Time

Check this out .........

Decoupling H1B and H-4 Time

As regular MurthyDotCom and MurthyBulletin readers know, the time spent in H-4 status is counted against the permitted time in H1B status, and visa versa. This interpretation arises from a more restrictive terminology in the immigration regulations, when compared to the statute itself called the Immigration and Nationality Act. This has long created problems in many situations, particularly those involving minor children or spouses. The USCIS indicated that, if released, this memo would "decouple" the counting of time for H1Bs and H-4s, and permit each status for the maximum six year period. It was not clear if this would address L-1 and L-2 time as well.

Reference: Murthy.com newsletter.
 
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