srikanthradix
New Member
I came to US on F1 visa on Jan 2006 and filed for my H1 for the first time on April 2009 and I got the approval from Oct 1 2009 till Sep 30 2010.
I haven't gone to my country since arriving in Jan 2006.
I have applied for a H1 for three years again this time and my H1-B petition request reached USCIS on Sep 30, 2010 and I got the receipt number in the morning of Oct 1, 2010. I have gotten an RFE saying:
Time Limitation:
Your petition, (Form I-129) requests an extension for the beneficiary beyond the usual time limits. USCIS regulations provide that a beneficiary is exempt from the usual six year time limits if he or she does not reside continually in the United States and his or her employment in the United States is seasonal, intermittent, or an aggregate of six months or less per year, or if he or she resides abroad and regularly commutes to the United States to engage in part-time employment. To qualify for an exemption from the time limit, for each period of stay requested you must provide clear and convincing proof that the beneficiary qualifies for the exemption. Clear and convincing proof shall consist of evidence such as arrival and departure records, copies of tax returns and records of employment abroad. If it is your claim that the beneficiary qualifies for this exemption, please submit appropriate evidence as described above, to include a listing of the dates the beneficiary was outside the United States.
What does this mean? I have been told that I can apply for H1 for 3 years for two times. Why did I get this? Please suggest.
I haven't gone to my country since arriving in Jan 2006.
I have applied for a H1 for three years again this time and my H1-B petition request reached USCIS on Sep 30, 2010 and I got the receipt number in the morning of Oct 1, 2010. I have gotten an RFE saying:
Time Limitation:
Your petition, (Form I-129) requests an extension for the beneficiary beyond the usual time limits. USCIS regulations provide that a beneficiary is exempt from the usual six year time limits if he or she does not reside continually in the United States and his or her employment in the United States is seasonal, intermittent, or an aggregate of six months or less per year, or if he or she resides abroad and regularly commutes to the United States to engage in part-time employment. To qualify for an exemption from the time limit, for each period of stay requested you must provide clear and convincing proof that the beneficiary qualifies for the exemption. Clear and convincing proof shall consist of evidence such as arrival and departure records, copies of tax returns and records of employment abroad. If it is your claim that the beneficiary qualifies for this exemption, please submit appropriate evidence as described above, to include a listing of the dates the beneficiary was outside the United States.
What does this mean? I have been told that I can apply for H1 for 3 years for two times. Why did I get this? Please suggest.