Dear Rajiv,
I really appreciate your insightful advice. Apologies for asking a bit long question.
Question about Eligibility for a new H1B for 6 years
I have been a MBA student on F1 visa in the USA since July 2009. I am presently in India on leave and plan to return in August. I was on H1B earlier. I really need to understand how my stay outside of the USA during the last 2 years impacts my future eligibility for H1B and for how long that would be usable.
My Employment and Visa history
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1. Employer A: Started working on July 11, 2005 on F1-OPT after completing MS degree ; Continued working on H1B – it was valid from 15 December , 2005 until 01 October 2008; Lost job on Feb 11 2008;
2. Employer B - applied for H1B transfer and extension on March 24-2008 (receipt date); This petition went in security check
3. Started working for employer B on May 15 -2008 while the H1B petition was in security check; Continued working until March 30-2009; Left USA on march 30-2009;
4. Appplied for F1 visa in India and came back to US in July end 2009; The H1B Petition ( which had been pending in security check since March 24th -2008 got approved on Aug-10,2009; This H1B was valid from 10 Aug 2009 to 23 March 2011; I did not use this H1B because I continued my MBA on F1 visa status
Question 1:
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How much of the maximum 6 years that is allowed in H1B status have I used based on the situation above. My understanding -I have used about 3 years 3 & half months – from 15 Dec 2005 to March 30, 2009; Does that imply that – after finishing MBA, I have about 2 years 9 months that I can work on H1B visa, unless my employer files for my green card?
Duration of stay out of US since March 2009 and eligibility for new H1B
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Since I left USA on March 30, 2009 (while my H1B Petition was pending security check) and came back to USA on F1, I have spent a total of 379 days outside of the USA, during following periods.
A. From march 30, 2009 to July 28, 2009 = 4 months ( 121 days)
I came back to USA on July 29, 2009 on F1 Visa for MBA.
B. Travelled outside of USA from 9 March 2010 to 28 March 2010 while I was student = 20 days;
C. Stayed in India for internship from 18 june 2010 to 04 sept 2010= 79 days
D. Staying in India from 24 Feb 2011 to 1 August 2011 (expected) = 159 days; I had filed for a change of status to B2 on Feb 2, 2011. This was approved on March 16-2011. Once this COS was approved, the USCIS completed my SEVIS record. As a result, I have to apply for a new F1 visa to come back and continue my studies in US. As a result, I believe this stay of 159 days would NOT be considered on continued F1.
The total stay outside of the USA using all the different periods above comes to 379 days.
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Question 2
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Does my cumulative total stay of 379 days makes me eligible to apply for a new (cap-subject) H1B visa that would be usable for six years after I finish my MBA in December 2011 and find a new employer?
If not, would staying out of US upto December 2011, (that would mean I stayed out of US for 10 months in 2011) together with my earlier 4 months of stay in India in 2009 make me eligible for a new (cap-subject) H1B because I would have complete the minimum “365 day stay out of US” requirement??
Thanks a lot for your patience in clarifying my situation.