New Hampshire  |  Immigration Law

Legal Question

Asked on: 5/14/13, 7:01 am

Dear lawyer,

Please read below content and let me know your views.

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To,

USCIS.

11 / 2 / 2010

Discussion : duration of requested approval

Mr.X was in the U.S . In L-1 status from April 23, 2005 to aug 20,2007. During that time , his employer filed an H1B and change of status request was approved, effective October 1,2007. On Aug 20, 2007, which was after the petition to change his status was approved , but before the effective date of the change of status, Mr. X departed the U.S. He remained outside of the U.S. for more than one year before returning to the U. S. for more than one year , the six year limitation on H1-b (including any L 1 time) status clock was restarted. As such , we have requested H1-B approval until November 1, 2013.

We would like to point out that alternatively, Mr.X is entitled to ' recapture' any time spent abroad since April 23, 2005. As noted above , his first entry into the U.S. in L-1 status was April 23, 2005. He then departed in theU.S. on January 19 2007, returning on January 30. ( 10 days out). He was also outside of the U.S. from Aug 21, 2007 to July 1, 2009(680 days out) adding 690 days to April 23 , 2011 results in an end date of March 13, 2013. We therefore request that should you find Mr.X ineligible for a full six year period beginning on July 1, 2009, that you nonetheless grant him H-1B status until March 13, 2013.

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Dear lawyer,

Please read above notes.

USCiS approved Mr.X extension till November 1,2013. Perm processing is in progress.

Kindly let me know whether his h1 -B clock was restarting and how many more years he can stay in U.S . By using current H 1B.

Awaiting your response , looking forward from you.

With warm regards

Harini

Harini.adaikalam@gmail.com

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