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how is 6 year limit is counted ?
- Thread starter gajavada
- Start date
Any details about the rule / clause
Ginnu,
do you or anybody here knows if this clarity is under a specific section of the immigration law?
I have had no success in convincing my employers attorney about this in the absence of a refeence to the section of the law.
Thanks in advance
Ginnu,
do you or anybody here knows if this clarity is under a specific section of the immigration law?
I have had no success in convincing my employers attorney about this in the absence of a refeence to the section of the law.
Thanks in advance
It's a BAD sign that the attorney would argue this point. Just read the questoion on the I-129(h) which asks for all time in the US in H status. You obviously cannot be in the US in H status if you are not "in the US".
Tell the attorney to see Nair v. Coultice, 62 F.Supp.2d 1209 (S.D.Cal., 2001). Additionally, 8 C.F.R. § 214.2(a)(h)(13)(iii) provides that an H-1B alien "who has spent six years in the United States ... may not seek extension, change status, or be readmitted to the United States...unless the alien has resided and been physically present outside the United States ...for the immediate prior year." In Nair, the court stated "the plain language of the regulation would appear to compel the conclusion that the six-year period only includes time spent physically present in the United States. Moreover, as noted, this is the position the INS has taken in the past with respect to other aliens."
Seems pretty damn clear to me.
Tell the attorney to see Nair v. Coultice, 62 F.Supp.2d 1209 (S.D.Cal., 2001). Additionally, 8 C.F.R. § 214.2(a)(h)(13)(iii) provides that an H-1B alien "who has spent six years in the United States ... may not seek extension, change status, or be readmitted to the United States...unless the alien has resided and been physically present outside the United States ...for the immediate prior year." In Nair, the court stated "the plain language of the regulation would appear to compel the conclusion that the six-year period only includes time spent physically present in the United States. Moreover, as noted, this is the position the INS has taken in the past with respect to other aliens."
Seems pretty damn clear to me.
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