How to calculate the 6 years of H-1B?
May 20th 2003, 4:08 pm
#1
Guest
Posts: n/a
How to calculate the 6 years of H-1B?
Hello everybody,
If a person works for 4 years for a company and then is laid off and leaves
the U.S. and returns 5 months later with another H-1B from another employer,
will his 6-year cap start all over again, or will he only have 2 years left?
How can the number of years (toward the 6-year cap) be reset to zero again?
Thanks
Henry
If a person works for 4 years for a company and then is laid off and leaves
the U.S. and returns 5 months later with another H-1B from another employer,
will his 6-year cap start all over again, or will he only have 2 years left?
How can the number of years (toward the 6-year cap) be reset to zero again?
Thanks
Henry
May 20th 2003, 6:03 pm
#2
BE Enthusiast
Joined: Jun 2001
Posts: 571
If a person works for 4 years for a company and then is laid off and leaves
the U.S. and returns 5 months later with another H-1B from another employer,
will his 6-year cap start all over again?
--NO
or will he only have 2 years left?
- YES
How can the number of years (toward the 6-year cap) be reset to zero again?
--You have to stay out of US for complete 1 year from your departure date from US.
the U.S. and returns 5 months later with another H-1B from another employer,
will his 6-year cap start all over again?
--NO
or will he only have 2 years left?
- YES
How can the number of years (toward the 6-year cap) be reset to zero again?
--You have to stay out of US for complete 1 year from your departure date from US.
May 20th 2003, 6:15 pm
#3
Guest
Posts: n/a
Re: How to calculate the 6 years of H-1B?
"Henry" wrote in message
news:[email protected]...
> If a person works for 4 years for a company and then is laid off and
leaves
> the U.S. and returns 5 months later with another H-1B from another
employer,
> will his 6-year cap start all over again, or will he only have 2 years
left?
2 years left.
> How can the number of years (toward the 6-year cap) be reset to zero
again?
Stay out of the USA for a year.
news:[email protected]...
> If a person works for 4 years for a company and then is laid off and
leaves
> the U.S. and returns 5 months later with another H-1B from another
employer,
> will his 6-year cap start all over again, or will he only have 2 years
left?
2 years left.
> How can the number of years (toward the 6-year cap) be reset to zero
again?
Stay out of the USA for a year.
May 20th 2003, 9:25 pm
#4
Guest
Posts: n/a
Re: How to calculate the 6 years of H-1B?
On Wed, 21 May 2003 04:08:08 +0000, Henry wrote:
> Hello everybody,
>
> If a person works for 4 years for a company and then is laid off and leaves
> the U.S. and returns 5 months later with another H-1B from another employer,
> will his 6-year cap start all over again, or will he only have 2 years left?
>
> How can the number of years (toward the 6-year cap) be reset to zero again?
This is one of the FAQs, see my page (link is below).
Basically, you have to be outside the US for one year. During this time,
you can make short, innocent trips (such as vacations or business trips)
in the US, but have to add the time of such trips back to the year. You
cannot come to the US for longer-term says. So for instance, spending five
months outside the US, then returning for a year as a student, and then
spending seven months outside the US won't work. You would have to spend a
whole year after returning from your studies.
--
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 visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.
My email address in usenet posts is now invalid for spam protection.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Hello everybody,
>
> If a person works for 4 years for a company and then is laid off and leaves
> the U.S. and returns 5 months later with another H-1B from another employer,
> will his 6-year cap start all over again, or will he only have 2 years left?
>
> How can the number of years (toward the 6-year cap) be reset to zero again?
This is one of the FAQs, see my page (link is below).
Basically, you have to be outside the US for one year. During this time,
you can make short, innocent trips (such as vacations or business trips)
in the US, but have to add the time of such trips back to the year. You
cannot come to the US for longer-term says. So for instance, spending five
months outside the US, then returning for a year as a student, and then
spending seven months outside the US won't work. You would have to spend a
whole year after returning from your studies.
--
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 visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.
My email address in usenet posts is now invalid for spam protection.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 21st 2003, 9:29 am
#5
Guest
Posts: n/a
Re: How to calculate the 6 years of H-1B?
My lawyer told me last week that any H1-B transfer or new petition resets
automatically the year count.
"Henry" wrote in message
news:[email protected]...
Hello everybody,
If a person works for 4 years for a company and then is laid off and leaves
the U.S. and returns 5 months later with another H-1B from another employer,
will his 6-year cap start all over again, or will he only have 2 years left?
How can the number of years (toward the 6-year cap) be reset to zero again?
Thanks
Henry
automatically the year count.
"Henry" wrote in message
news:[email protected]...
Hello everybody,
If a person works for 4 years for a company and then is laid off and leaves
the U.S. and returns 5 months later with another H-1B from another employer,
will his 6-year cap start all over again, or will he only have 2 years left?
How can the number of years (toward the 6-year cap) be reset to zero again?
Thanks
Henry
May 21st 2003, 2:24 pm
#6
Guest
Posts: n/a
Re: How to calculate the 6 years of H-1B?
ComputerGuy wrote:
> My lawyer told me last week that any H1-B transfer or new petition resets
> automatically the year count.
BS. Get another lawyer.
-Joe
> My lawyer told me last week that any H1-B transfer or new petition resets
> automatically the year count.
BS. Get another lawyer.
-Joe
May 21st 2003, 2:38 pm
#7
Guest
Posts: n/a
Re: How to calculate the 6 years of H-1B?
>Subject: Re: How to calculate the 6 years of H-1B?
>From: Joachim Feise [email protected]
>Date: 5/21/03 10:24 PM Eastern Daylight Time
>Message-id:
>ComputerGuy wrote:
>> My lawyer told me last week that any H1-B transfer or new petition resets
>> automatically the year count.
>BS. Get another lawyer.
>-Joe
Are you sure this guy was really a lawyer?? How in blazes can he tell you
such nonsense? If he is, he is either lying to get your business or is simply
incompetent. As Joe said, get another lawyer. Don't deal with this shyster.
>From: Joachim Feise [email protected]
>Date: 5/21/03 10:24 PM Eastern Daylight Time
>Message-id:
>ComputerGuy wrote:
>> My lawyer told me last week that any H1-B transfer or new petition resets
>> automatically the year count.
>BS. Get another lawyer.
>-Joe
Are you sure this guy was really a lawyer?? How in blazes can he tell you
such nonsense? If he is, he is either lying to get your business or is simply
incompetent. As Joe said, get another lawyer. Don't deal with this shyster.
May 21st 2003, 2:51 pm
#8
Guest
Posts: n/a
Re: How to calculate the 6 years of H-1B?
Is the year count based on the actual time that a person has spent on the H
visa in the U.S. or based on the length of the approved petition(s).
For example, assume someone whose petition is approved from Jan 1, 2001 to
Jan 1, 2004 but he actually comes to the U.S. in March 2001 and then is laid
off and leaves on March 2003. In this case, does he have 4 years left from
the cap or 3 years?
Thanks
Henry
"Ingo Pakleppa" wrote in message
news
[email protected]...
> On Wed, 21 May 2003 04:08:08 +0000, Henry wrote:
> > Hello everybody,
> >
> > If a person works for 4 years for a company and then is laid off and
leaves
> > the U.S. and returns 5 months later with another H-1B from another
employer,
> > will his 6-year cap start all over again, or will he only have 2 years
left?
> >
> > How can the number of years (toward the 6-year cap) be reset to zero
again?
> This is one of the FAQs, see my page (link is below).
> Basically, you have to be outside the US for one year. During this time,
> you can make short, innocent trips (such as vacations or business trips)
> in the US, but have to add the time of such trips back to the year. You
> cannot come to the US for longer-term says. So for instance, spending five
> months outside the US, then returning for a year as a student, and then
> spending seven months outside the US won't work. You would have to spend a
> whole year after returning from your studies.
> --
> 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 visit my new FAQ at http://www.kkeane.com with a list of
interesting
> immigration links.
> My email address in usenet posts is now invalid for spam protection.
> Please feel free to enjoy some of my photographs at my new Web site
> http://www.ingopakleppa.com ! Comments are welcome.
visa in the U.S. or based on the length of the approved petition(s).
For example, assume someone whose petition is approved from Jan 1, 2001 to
Jan 1, 2004 but he actually comes to the U.S. in March 2001 and then is laid
off and leaves on March 2003. In this case, does he have 4 years left from
the cap or 3 years?
Thanks
Henry
"Ingo Pakleppa" wrote in message
news
[email protected]...> On Wed, 21 May 2003 04:08:08 +0000, Henry wrote:
> > Hello everybody,
> >
> > If a person works for 4 years for a company and then is laid off and
leaves
> > the U.S. and returns 5 months later with another H-1B from another
employer,
> > will his 6-year cap start all over again, or will he only have 2 years
left?
> >
> > How can the number of years (toward the 6-year cap) be reset to zero
again?
> This is one of the FAQs, see my page (link is below).
> Basically, you have to be outside the US for one year. During this time,
> you can make short, innocent trips (such as vacations or business trips)
> in the US, but have to add the time of such trips back to the year. You
> cannot come to the US for longer-term says. So for instance, spending five
> months outside the US, then returning for a year as a student, and then
> spending seven months outside the US won't work. You would have to spend a
> whole year after returning from your studies.
> --
> 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 visit my new FAQ at http://www.kkeane.com with a list of
interesting
> immigration links.
> My email address in usenet posts is now invalid for spam protection.
> Please feel free to enjoy some of my photographs at my new Web site
> http://www.ingopakleppa.com ! Comments are welcome.
May 21st 2003, 5:14 pm
#9
Guest
Posts: n/a
Re: How to calculate the 6 years of H-1B?
Generally, the actual time spent in H-1B status. However, the clock
continues ticking if you leave the US without breaking ties to your
employer. For instance, if you go on a business trip, vacations, etc., the
six years still continue ticking away. Even leaving the US for a long time
and working for the employer remotely won't stop the clock (however, at
the end of the six years, that could be different...)
On Thu, 22 May 2003 02:51:40 +0000, Henry wrote:
> Is the year count based on the actual time that a person has spent on the H
> visa in the U.S. or based on the length of the approved petition(s).
>
> For example, assume someone whose petition is approved from Jan 1, 2001 to
> Jan 1, 2004 but he actually comes to the U.S. in March 2001 and then is laid
> off and leaves on March 2003. In this case, does he have 4 years left from
> the cap or 3 years?
>
> Thanks
> Henry
>
>
> "Ingo Pakleppa" wrote in message
> news[email protected]...
>> On Wed, 21 May 2003 04:08:08 +0000, Henry wrote:
>> > Hello everybody,
>> >
>> > If a person works for 4 years for a company and then is laid off and
> leaves
>> > the U.S. and returns 5 months later with another H-1B from another
> employer,
>> > will his 6-year cap start all over again, or will he only have 2 years
> left?
>> >
>> > How can the number of years (toward the 6-year cap) be reset to zero
> again?
>> This is one of the FAQs, see my page (link is below).
>> Basically, you have to be outside the US for one year. During this time,
>> you can make short, innocent trips (such as vacations or business trips)
>> in the US, but have to add the time of such trips back to the year. You
>> cannot come to the US for longer-term says. So for instance, spending five
>> months outside the US, then returning for a year as a student, and then
>> spending seven months outside the US won't work. You would have to spend a
>> whole year after returning from your studies.
>> --
>> 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 visit my new FAQ at http://www.kkeane.com with a list of
> interesting
>> immigration links.
>> My email address in usenet posts is now invalid for spam protection.
>> Please feel free to enjoy some of my photographs at my new Web site
>> http://www.ingopakleppa.com ! Comments are welcome.
--
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 visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.
My email address in usenet posts is now invalid for spam protection.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
continues ticking if you leave the US without breaking ties to your
employer. For instance, if you go on a business trip, vacations, etc., the
six years still continue ticking away. Even leaving the US for a long time
and working for the employer remotely won't stop the clock (however, at
the end of the six years, that could be different...)
On Thu, 22 May 2003 02:51:40 +0000, Henry wrote:
> Is the year count based on the actual time that a person has spent on the H
> visa in the U.S. or based on the length of the approved petition(s).
>
> For example, assume someone whose petition is approved from Jan 1, 2001 to
> Jan 1, 2004 but he actually comes to the U.S. in March 2001 and then is laid
> off and leaves on March 2003. In this case, does he have 4 years left from
> the cap or 3 years?
>
> Thanks
> Henry
>
>
> "Ingo Pakleppa" wrote in message
> news
[email protected]...>> On Wed, 21 May 2003 04:08:08 +0000, Henry wrote:
>> > Hello everybody,
>> >
>> > If a person works for 4 years for a company and then is laid off and
> leaves
>> > the U.S. and returns 5 months later with another H-1B from another
> employer,
>> > will his 6-year cap start all over again, or will he only have 2 years
> left?
>> >
>> > How can the number of years (toward the 6-year cap) be reset to zero
> again?
>> This is one of the FAQs, see my page (link is below).
>> Basically, you have to be outside the US for one year. During this time,
>> you can make short, innocent trips (such as vacations or business trips)
>> in the US, but have to add the time of such trips back to the year. You
>> cannot come to the US for longer-term says. So for instance, spending five
>> months outside the US, then returning for a year as a student, and then
>> spending seven months outside the US won't work. You would have to spend a
>> whole year after returning from your studies.
>> --
>> 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 visit my new FAQ at http://www.kkeane.com with a list of
> interesting
>> immigration links.
>> My email address in usenet posts is now invalid for spam protection.
>> Please feel free to enjoy some of my photographs at my new Web site
>> http://www.ingopakleppa.com ! Comments are welcome.
--
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 visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.
My email address in usenet posts is now invalid for spam protection.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 21st 2003, 8:18 pm
#10
Guest
Posts: n/a
Re: How to calculate the 6 years of H-1B?
"ComputerGuy" wrote in message
news:[email protected]...
> My lawyer told me last week that any H1-B transfer or new petition resets
> automatically the year count.
Get a new lawyer.
news:[email protected]...
> My lawyer told me last week that any H1-B transfer or new petition resets
> automatically the year count.
Get a new lawyer.
May 22nd 2003, 6:37 am
#11
Guest
Posts: n/a
Re: How to calculate the 6 years of H-1B?
Maybe your lawyer was answering another question, not the question of how to
reset to 0.
It is true that when a new employer submits a new H-1B petition with a
request for change of employer, it can obtain 3 full years of status at a
time. However, the period of status requested can only extend to the 6 year
maximum duration for H-1B status. So if less than 3 years are left, the
employer gets only the remainder.
"ComputerGuy" wrote in message
news:[email protected]...
> My lawyer told me last week that any H1-B transfer or new petition resets
> automatically the year count.
> "Henry" wrote in message
> news:[email protected]...
> If a person works for 4 years for a company and then is laid off and
leaves
> the U.S. and returns 5 months later with another H-1B from another
employer,
> will his 6-year cap start all over again, or will he only have 2 years
left?
> How can the number of years (toward the 6-year cap) be reset to zero
again?
reset to 0.
It is true that when a new employer submits a new H-1B petition with a
request for change of employer, it can obtain 3 full years of status at a
time. However, the period of status requested can only extend to the 6 year
maximum duration for H-1B status. So if less than 3 years are left, the
employer gets only the remainder.
"ComputerGuy" wrote in message
news:[email protected]...
> My lawyer told me last week that any H1-B transfer or new petition resets
> automatically the year count.
> "Henry" wrote in message
> news:[email protected]...
> If a person works for 4 years for a company and then is laid off and
leaves
> the U.S. and returns 5 months later with another H-1B from another
employer,
> will his 6-year cap start all over again, or will he only have 2 years
left?
> How can the number of years (toward the 6-year cap) be reset to zero
again?
