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radhak
04-26-2010, 04:51 PM
Hi,
My labor got filed in Jun 2008 and went for Audit. I just want to check about, how to calculate 6 years completion. Is it the day I first entered to US on H1b Visa? / the day my H1b get approved? / the day I get stamped.

Thanks in advance.

amitjoey
04-26-2010, 04:59 PM
Not a lawyer- but my guess is that the date of validity on your H1b (First H1) is the day you can start counting your 6 years. This is regardless of when you started working for your employer.

Example: Employer sponsored H1 for Mr.X on April 2nd 2005. H1 approved with validiity starting 1st oct 2005. Mr. X flew to the USA in december 2005. Started working 15th jan 2006. The 6 years are counted from 1st Oct 05.

Now one can recapture all the months that the employee was on vacation. But I am not sure if this is still an option.

wandmaker
04-26-2010, 05:23 PM
Not a lawyer- but my guess is that the date of validity on your H1b (First H1) is the day you can start counting your 6 years. This is regardless of when you started working for your employer.

Example: Employer sponsored H1 for Mr.X on April 2nd 2005. H1 approved with validiity starting 1st oct 2005. Mr. X flew to the USA in december 2005. Started working 15th jan 2006. The 6 years are counted from 1st Oct 05.

Now one can recapture all the months that the employee was on vacation. But I am not sure if this is still an option.

The six year count starts from the day you entered the US first. If you take the above example, six year count starts from December 2005. Additionally, if there is gap from the time you entered and started working that period is considered out of status, that's all together different issue.

radhak
04-26-2010, 07:16 PM
Thanks.