How 6 yrs of H1 gets counted?
- Thread starter adibazz
- Start date
This is indeed news. So far legacy INS has ruled that the 6 year starts from the day you enter.
Some hypothetical questions you can throw- What if you got a h1 stamp but never travelled to US? After three years you got another H1 stamp and you enter US-
The officer who answered but be just guessing an answer to justify the decision.
All you need to respond to the RFE is info about when you actually entered US (copy of all pages of passport+ copy of first I94).
Some hypothetical questions you can throw- What if you got a h1 stamp but never travelled to US? After three years you got another H1 stamp and you enter US-
The officer who answered but be just guessing an answer to justify the decision.
All you need to respond to the RFE is info about when you actually entered US (copy of all pages of passport+ copy of first I94).
Well, I had no other source to confirm, and my employer didn't use services of any lawyer, so finally we decided to reply the RFE with H1 end date as suggested by that officer. That sure will cost me approx. 3 months. but hack there are lot more things in the life important than that. 
Anyone find any reference on the subject matter are still welcome. This can help other in future. cheers ..
Anyone find any reference on the subject matter are still welcome. This can help other in future. cheers ..
Read the question on the I-129(h). It specifically directs you to include "only those periods in which the alien and/or family members were actually in the U.S. in an H classification." It's hard to be "in the U.S. in an H classification" without ever entering the United States.
Captain Sparrow
Registered Users (C)
You can't learn anything from this question. For example, If during the last 6 years you were on L1 (This is not H, right ?), this period also counts toward the 6 year limit.
However, I have heard of people who got more days by deducting their time outside the US. So if the rules didn't change, you may be able to change this decision.
Thanks for letting me know what I can learn from.
The law is that all time in the United States in H or L status counts toward the 6 year H-1B or 5 year L-1B or 7 year L-1A limit.
The question on the I-129(h) reflects this, even though it does not include L status in the question. INS (now USCIS) has taken the position in some cases that times spent outside the US on brief vacations do not "meaningfully interrupt" the H-1B stay and therefore this time should still be counted toward the 6 years. I disagree and I have never had a case denied where I attempted to reclaim this time. This interpretation was put forth by an attorney for INS named Jacquiline Bednartz. There are court opinions on the matter and I believe they generally support the position that time outside the US does not count.
Of course, the above discussion is really meaningless since prior to entry of the US the time does NOT count.
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Jim,
Your explanation makes sense, but what if an officer (prorably inexperience !!) handles the case and reply like we got AND one doesn't use services of good lawyer ? My confusion was to how to make my case (explanation) acceptable to that officer ?
It looks to me that there is no clear pointer to law abc or xyz for that matter. Instead it all depands on the interpretation and convincing power of the lawyer probably. Pardon me but I'm still confused. Probably that's why the services of good lawyer is required I guess.
Your explanation makes sense, but what if an officer (prorably inexperience !!) handles the case and reply like we got AND one doesn't use services of good lawyer ? My confusion was to how to make my case (explanation) acceptable to that officer ?
It looks to me that there is no clear pointer to law abc or xyz for that matter. Instead it all depands on the interpretation and convincing power of the lawyer probably. Pardon me but I'm still confused. Probably that's why the services of good lawyer is required I guess.