H1B - 6 Years - Is it a written rule?

[rthaniks]

Hi All,

Company A applied for my H1 for 3 years period from Aug 1, 1998 to Aug 1, 2001, and mailed me the documents for stamping in India. I applied for visa stamping on Nov 17, 1998 and physically landed in USA on Nov 30, 1998 and they started paying my salary from Jan 1, 1999 thro payroll. I was out this country from Apr 1, 2000 to Apr 25, 2000 for my paid vacation. The same company A extended my H1 till Apr 04, 2004 and I sumitted the documents for visa re-validation with Department of State in USA and got the visa stamping till Apr 04, 2004. I was continuously working for company A without any vacation / personal / sick days till Jun 26, 2002. In the mean time I got an offer from company B and they applied for my H1 transfer and I got the H1 approval till Jun 10, 2005 and I joined this company B on Jun 28, 2002. Since I want to go for India for my personal reasons I have submitted my passport and H1 approval ( till Jun 10, 2005) with all I-94 ( current I-94 valid till Jun 10, 2005) on Feb 06,2004. Also my company B has already applied for my Labor in May 2003.

My question is

1. Is there any written rule by INS / DOS saying that we can stay in this country only for 6 years with H1/ H4 status, if so please mention the usa govt web site.

2. If the rule is only for 6 years stay with H1 status, Is the 6 years clock starts from day of first stamping date ( in my case Aug 1, 1998) or from the day of my physical landing in USA ( in my case Nov 30, 1998) ?

3. Will DOS grant my visa till Jun 10, 2005 (based on my new H1) or till Nov 29, 2004 ( 6 yrs period based on my physical landing) or till Jul 31, 2004 (6 yrs period based on my first visa stamping)?

Thanks in advance for your answers with explanation.

 

[nkm-oct23]

...
1. Is there any written rule by INS / DOS saying that we can stay in this country only for 6 years with H1/ H4 status, if so please mention the usa govt web site.

See this extract from Immigration and nationality act:

H-1B limitation on admission.

(A) Alien in a specialty occupation or an alien of distinguished merit and ability in the field of fashion modeling. An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.

2. If the rule is only for 6 years stay with H1 status, Is the 6 years clock starts from day of first stamping date ( in my case Aug 1, 1998) or from the day of my physical landing in USA ( in my case Nov 30, 1998) ?

[answer]
The 6 year clock starts the day the you land in US and has nothing to do with visa stamping.[/quote]

3. Will DOS grant my visa till Jun 10, 2005 (based on my new H1) or till Nov 29, 2004 ( 6 yrs period based on my physical landing) or till Jul 31, 2004 (6 yrs period based on my first visa stamping)?

They will grant visa based on the time left in the 6 year clock.
[/answer]

 

[nkm-oct23]

Re: Re: H1B - 6 Years - Is it a written rule?

Originally posted by nkm-oct23
...
1. Is there any written rule by INS / DOS saying that we can stay in this country only for 6 years with H1/ H4 status, if so please mention the usa govt web site.


2. If the rule is only for 6 years stay with H1 status, Is the 6 years clock starts from day of first stamping date ( in my case Aug 1, 1998) or from the day of my physical landing in USA ( in my case Nov 30, 1998) ?

The 6 year clock starts the day the you land in US and has nothing to do with visa stamping.

3. Will DOS grant my visa till Jun 10, 2005 (based on my new H1) or till Nov 29, 2004 ( 6 yrs period based on my physical landing) or till Jul 31, 2004 (6 yrs period based on my first visa stamping)?

They will grant visa based on the time left in the 6 year clock.

 

[rthaniks]

Thanks for your reply NKM.