H1B 6 year limit clarification needed
Mar 29th 2004, 4:07 am
#1
Guest
Posts: n/a
H1B 6 year limit clarification needed
hi,
I was in US for 3 years using my H1B from my previous employer. I
resigned my job 6 months back and came back to my country to join my
current employer. He has now applied for a H1B for me which is
approved and stamped.
My question is, if i wait for another 6 months completing one year
outside US and then travel to US, will i be getting a full 6 year of
H1? Or the one year break can be taken only after spending 6 years of
H1 in US?
thanks in advance,
karthik
I was in US for 3 years using my H1B from my previous employer. I
resigned my job 6 months back and came back to my country to join my
current employer. He has now applied for a H1B for me which is
approved and stamped.
My question is, if i wait for another 6 months completing one year
outside US and then travel to US, will i be getting a full 6 year of
H1? Or the one year break can be taken only after spending 6 years of
H1 in US?
thanks in advance,
karthik
Mar 29th 2004, 5:37 pm
#2
Guest
Posts: n/a
Re: H1B 6 year limit clarification needed
karthikeyan kuttuva said on 3/28/2004 21:07:
> My question is, if i wait for another 6 months completing one year
> outside US and then travel to US, will i be getting a full 6 year of
> H1?
Yes.
> My question is, if i wait for another 6 months completing one year
> outside US and then travel to US, will i be getting a full 6 year of
> H1?
Yes.
Mar 30th 2004, 3:15 am
#3
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Posts: n/a
Re: H1B 6 year limit clarification needed
Joachim Feise <[email protected]> wrote in message news:<[email protected]>...
> karthikeyan kuttuva said on 3/28/2004 21:07:
> > My question is, if i wait for another 6 months completing one year
> > outside US and then travel to US, will i be getting a full 6 year of
> > H1?
>
> Yes.
so i get fresh 6 year of H1 in spite of not completing the first 6
years, if i take a year break now? sorry for insisting on this point,
as i would like to get it clear!
thanks in advance,
karthik
> karthikeyan kuttuva said on 3/28/2004 21:07:
> > My question is, if i wait for another 6 months completing one year
> > outside US and then travel to US, will i be getting a full 6 year of
> > H1?
>
> Yes.
so i get fresh 6 year of H1 in spite of not completing the first 6
years, if i take a year break now? sorry for insisting on this point,
as i would like to get it clear!
thanks in advance,
karthik
Mar 31st 2004, 4:27 am
#4
Guest
Posts: n/a
Re: H1B 6 year limit clarification needed
On Mon, 29 Mar 2004 20:15:25 -0800, karthikeyan kuttuva wrote:
> Joachim Feise <[email protected]> wrote in message
> news:<[email protected]>...
>> karthikeyan kuttuva said on 3/28/2004 21:07:
>> > My question is, if i wait for another 6 months completing one
>> > year
>> > outside US and then travel to US, will i be getting a full 6 year of
>> > H1?
>>
>> Yes.
>
> so i get fresh 6 year of H1 in spite of not completing the first 6
> years, if i take a year break now? sorry for insisting on this point, as
> i would like to get it clear!
Yes. Example: you arrive in the USA on June 1, 2000 with an H-1B. On March
31, 2004 (three years and ten months later), you depart. You do not spend
any vacations in the USA.
If you return on April 1, 2005 as an H-1B, you would get another six
years. If you returned on March 30, 2005, you would only get two years and
two months (the time left of your original H-1B).
--
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everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
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> Joachim Feise <[email protected]> wrote in message
> news:<[email protected]>...
>> karthikeyan kuttuva said on 3/28/2004 21:07:
>> > My question is, if i wait for another 6 months completing one
>> > year
>> > outside US and then travel to US, will i be getting a full 6 year of
>> > H1?
>>
>> Yes.
>
> so i get fresh 6 year of H1 in spite of not completing the first 6
> years, if i take a year break now? sorry for insisting on this point, as
> i would like to get it clear!
Yes. Example: you arrive in the USA on June 1, 2000 with an H-1B. On March
31, 2004 (three years and ten months later), you depart. You do not spend
any vacations in the USA.
If you return on April 1, 2005 as an H-1B, you would get another six
years. If you returned on March 30, 2005, you would only get two years and
two months (the time left of your original H-1B).
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
Mar 31st 2004, 1:01 pm
#5
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Posts: n/a
Re: H1B 6 year limit clarification needed
Ingo Pakleppa - see web site for email wrote:
> Yes. Example: you arrive in the USA on June 1, 2000 with an H-1B. On March
> 31, 2004 (three years and ten months later), you depart. You do not spend
> any vacations in the USA.
>
> If you return on April 1, 2005 as an H-1B, you would get another six
> years. If you returned on March 30, 2005, you would only get two years and
> two months (the time left of your original H-1B).
So if one spend time in the US on vacation, the 6 year limit is not reset?
Example: Leave US Dec 2003 after 2 years 5 months on H1B, return for 3
weeks vacation July/Aug 2004. Then get a new H1B in Jan 2006 (2 years
ecept the vacation after last use of H1B). Could that be for 6 years or not?
I never realised vacation made a difference...
Thanks,
Hanne
> Yes. Example: you arrive in the USA on June 1, 2000 with an H-1B. On March
> 31, 2004 (three years and ten months later), you depart. You do not spend
> any vacations in the USA.
>
> If you return on April 1, 2005 as an H-1B, you would get another six
> years. If you returned on March 30, 2005, you would only get two years and
> two months (the time left of your original H-1B).
So if one spend time in the US on vacation, the 6 year limit is not reset?
Example: Leave US Dec 2003 after 2 years 5 months on H1B, return for 3
weeks vacation July/Aug 2004. Then get a new H1B in Jan 2006 (2 years
ecept the vacation after last use of H1B). Could that be for 6 years or not?
I never realised vacation made a difference...
Thanks,
Hanne
Mar 31st 2004, 3:38 pm
#6
Guest
Posts: n/a
Re: H1B 6 year limit clarification needed
Hanne Gottliebsen said on 3/31/2004 6:01:
>
>
> Ingo Pakleppa - see web site for email wrote:
>
>> Yes. Example: you arrive in the USA on June 1, 2000 with an H-1B. On
>> March
>> 31, 2004 (three years and ten months later), you depart. You do not spend
>> any vacations in the USA.
>> If you return on April 1, 2005 as an H-1B, you would get another six
>> years. If you returned on March 30, 2005, you would only get two years
>> and
>> two months (the time left of your original H-1B).
>
>
> So if one spend time in the US on vacation, the 6 year limit is not reset?
>
> Example: Leave US Dec 2003 after 2 years 5 months on H1B, return for 3
> weeks vacation July/Aug 2004. Then get a new H1B in Jan 2006 (2 years
> ecept the vacation after last use of H1B). Could that be for 6 years or
> not?
The cumulative time abroad has to be at least 1 year. Time spent in the US
on vacation interrupts the 1 year time.
So in your example, you'd be able to get the full 6 years if you enter in
H1 status 1 year and 3 weeks after leaving the old job.
-Joe
>
>
> Ingo Pakleppa - see web site for email wrote:
>
>> Yes. Example: you arrive in the USA on June 1, 2000 with an H-1B. On
>> March
>> 31, 2004 (three years and ten months later), you depart. You do not spend
>> any vacations in the USA.
>> If you return on April 1, 2005 as an H-1B, you would get another six
>> years. If you returned on March 30, 2005, you would only get two years
>> and
>> two months (the time left of your original H-1B).
>
>
> So if one spend time in the US on vacation, the 6 year limit is not reset?
>
> Example: Leave US Dec 2003 after 2 years 5 months on H1B, return for 3
> weeks vacation July/Aug 2004. Then get a new H1B in Jan 2006 (2 years
> ecept the vacation after last use of H1B). Could that be for 6 years or
> not?
The cumulative time abroad has to be at least 1 year. Time spent in the US
on vacation interrupts the 1 year time.
So in your example, you'd be able to get the full 6 years if you enter in
H1 status 1 year and 3 weeks after leaving the old job.
-Joe
Mar 31st 2004, 6:14 pm
#7
Guest
Posts: n/a
Re: H1B 6 year limit clarification needed
Joachim Feise wrote:
> Hanne Gottliebsen said on 3/31/2004 6:01:
>>So if one spend time in the US on vacation, the 6 year limit is not reset?
>>Example: Leave US Dec 2003 after 2 years 5 months on H1B, return for 3
>>weeks vacation July/Aug 2004. Then get a new H1B in Jan 2006 (2 years
>>ecept the vacation after last use of H1B). Could that be for 6 years or
>>not?
>
>
> The cumulative time abroad has to be at least 1 year. Time spent in the US
> on vacation interrupts the 1 year time.
> So in your example, you'd be able to get the full 6 years if you enter in
> H1 status 1 year and 3 weeks after leaving the old job.
>
> -Joe
Thanks, Joe.
That was what I wanted to hear - not that I'm planning on getting
another H1B job anytime soon, it is just nice to knwo what the options are.
Hanne
> Hanne Gottliebsen said on 3/31/2004 6:01:
>>So if one spend time in the US on vacation, the 6 year limit is not reset?
>>Example: Leave US Dec 2003 after 2 years 5 months on H1B, return for 3
>>weeks vacation July/Aug 2004. Then get a new H1B in Jan 2006 (2 years
>>ecept the vacation after last use of H1B). Could that be for 6 years or
>>not?
>
>
> The cumulative time abroad has to be at least 1 year. Time spent in the US
> on vacation interrupts the 1 year time.
> So in your example, you'd be able to get the full 6 years if you enter in
> H1 status 1 year and 3 weeks after leaving the old job.
>
> -Joe
Thanks, Joe.
That was what I wanted to hear - not that I'm planning on getting
another H1B job anytime soon, it is just nice to knwo what the options are.
Hanne
Apr 1st 2004, 8:58 pm
#8
Guest
Posts: n/a
Re: H1B 6 year limit clarification needed
I don't think that's true.
Continuous and not cumulative time abroad needs to be looked at. So,
if you take a 3 week vacation, you will need to be out for another 12
months before you qualify for a new set of 6 years.
MC
Hanne Gottliebsen <[email protected]> wrote in message news:<[email protected]>...
> Joachim Feise wrote:
> > Hanne Gottliebsen said on 3/31/2004 6:01:
> >>So if one spend time in the US on vacation, the 6 year limit is not reset?
> >>
> >>Example: Leave US Dec 2003 after 2 years 5 months on H1B, return for 3
> >>weeks vacation July/Aug 2004. Then get a new H1B in Jan 2006 (2 years
> >>ecept the vacation after last use of H1B). Could that be for 6 years or
> >>not?
> >
> >
> > The cumulative time abroad has to be at least 1 year. Time spent in the US
> > on vacation interrupts the 1 year time.
> > So in your example, you'd be able to get the full 6 years if you enter in
> > H1 status 1 year and 3 weeks after leaving the old job.
> >
> > -Joe
>
> Thanks, Joe.
>
> That was what I wanted to hear - not that I'm planning on getting
> another H1B job anytime soon, it is just nice to knwo what the options are.
>
>
> Hanne
Continuous and not cumulative time abroad needs to be looked at. So,
if you take a 3 week vacation, you will need to be out for another 12
months before you qualify for a new set of 6 years.
MC
Hanne Gottliebsen <[email protected]> wrote in message news:<[email protected]>...
> Joachim Feise wrote:
> > Hanne Gottliebsen said on 3/31/2004 6:01:
> >>So if one spend time in the US on vacation, the 6 year limit is not reset?
> >>
> >>Example: Leave US Dec 2003 after 2 years 5 months on H1B, return for 3
> >>weeks vacation July/Aug 2004. Then get a new H1B in Jan 2006 (2 years
> >>ecept the vacation after last use of H1B). Could that be for 6 years or
> >>not?
> >
> >
> > The cumulative time abroad has to be at least 1 year. Time spent in the US
> > on vacation interrupts the 1 year time.
> > So in your example, you'd be able to get the full 6 years if you enter in
> > H1 status 1 year and 3 weeks after leaving the old job.
> >
> > -Joe
>
> Thanks, Joe.
>
> That was what I wanted to hear - not that I'm planning on getting
> another H1B job anytime soon, it is just nice to knwo what the options are.
>
>
> Hanne
Apr 2nd 2004, 6:36 am
#9
Guest
Posts: n/a
Re: H1B 6 year limit clarification needed
Generally, you are correct. However, "brief and innocent" visits, such as
vacations or business trips, to the USA are explicitly exempt.
On Thu, 01 Apr 2004 13:58:47 -0800, ss2001 wrote:
> I don't think that's true.
>
> Continuous and not cumulative time abroad needs to be looked at. So, if
> you take a 3 week vacation, you will need to be out for another 12
> months before you qualify for a new set of 6 years.
>
> MC
>
> Hanne Gottliebsen <[email protected]> wrote in message
> news:<[email protected]>...
>> Joachim Feise wrote:
>> > Hanne Gottliebsen said on 3/31/2004 6:01:
>> >>So if one spend time in the US on vacation, the 6 year limit is not
>> >>reset?
>> >>
>> >>Example: Leave US Dec 2003 after 2 years 5 months on H1B, return for
>> >>3 weeks vacation July/Aug 2004. Then get a new H1B in Jan 2006 (2
>> >>years ecept the vacation after last use of H1B). Could that be for 6
>> >>years or not?
>> >
>> >
>> > The cumulative time abroad has to be at least 1 year. Time spent in
>> > the US on vacation interrupts the 1 year time. So in your example,
>> > you'd be able to get the full 6 years if you enter in H1 status 1
>> > year and 3 weeks after leaving the old job.
>> >
>> > -Joe
>>
>> Thanks, Joe.
>>
>> That was what I wanted to hear - not that I'm planning on getting
>> another H1B job anytime soon, it is just nice to knwo what the options
>> are.
>>
>>
>> Hanne
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
vacations or business trips, to the USA are explicitly exempt.
On Thu, 01 Apr 2004 13:58:47 -0800, ss2001 wrote:
> I don't think that's true.
>
> Continuous and not cumulative time abroad needs to be looked at. So, if
> you take a 3 week vacation, you will need to be out for another 12
> months before you qualify for a new set of 6 years.
>
> MC
>
> Hanne Gottliebsen <[email protected]> wrote in message
> news:<[email protected]>...
>> Joachim Feise wrote:
>> > Hanne Gottliebsen said on 3/31/2004 6:01:
>> >>So if one spend time in the US on vacation, the 6 year limit is not
>> >>reset?
>> >>
>> >>Example: Leave US Dec 2003 after 2 years 5 months on H1B, return for
>> >>3 weeks vacation July/Aug 2004. Then get a new H1B in Jan 2006 (2
>> >>years ecept the vacation after last use of H1B). Could that be for 6
>> >>years or not?
>> >
>> >
>> > The cumulative time abroad has to be at least 1 year. Time spent in
>> > the US on vacation interrupts the 1 year time. So in your example,
>> > you'd be able to get the full 6 years if you enter in H1 status 1
>> > year and 3 weeks after leaving the old job.
>> >
>> > -Joe
>>
>> Thanks, Joe.
>>
>> That was what I wanted to hear - not that I'm planning on getting
>> another H1B job anytime soon, it is just nice to knwo what the options
>> are.
>>
>>
>> Hanne
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
