Six Year H1B Clock

[antartica1 0]

Does the time without a job count towards time spent on H1B visa with respect to the 6 year H1B clock?

[jan22 3,056]

If it was spent while i

n H1B status in the US looking for another job, I believe it does. If you were outside the US, that is -- you left the US and were out for a period of time between the jobs), it doesn't.

[antartica1 0]

If it was spent while i

n H1B status in the US looking for another job, I believe it does. If you were outside the US, that is -- you left the US and were out for a period of time between the jobs), it doesn't.

When a person loses their job the company revokes the H1B by informing immigration and the person is no longer in H1B status - they are out of status.

I am hoping someone who has been unemployed and then got back on H1B status can reply if they know how much time is left on their visa.

Edited August 18, 2013 by antartica1

[jan22 3,056]

There is a small time period in which you can change employers where you are not, in fact, out of status. If you are unemployed and remaining in the US, yes -- you are out-of-status and it doesn't matter whether it counts as H1B time because it counts as unlawful presence time and can result in a significant penalty. That's why I was asking. Sorry for trying to be as helpful as possible -- the simple answer is that any time you are in the US in H1B status counts, whether you are employed or not. So -- calculate the date you entered and the date you finally left the US from your H1B status and that's it.

[antartica1 0]

There is a small time period in which you can change employers where you are not, in fact, out of status. If you are unemployed and remaining in the US, yes -- you are out-of-status and it doesn't matter whether it counts as H1B time because it counts as unlawful presence time and can result in a significant penalty. That's why I was asking. Sorry for trying to be as helpful as possible -- the simple answer is that any time you are in the US in H1B status counts, whether you are employed or not. So -- calculate the date you entered and the date you finally left the US from your H1B status and that's it.

Unlawful presence depends on the date on the I-94. Being unlawfully present and out of status are two totally different things.

Being out of status means you are no longer on H1B - that is why the company lets USCIS know the H1B agreement has ended.

When you are no longer employed you cease to be in H1B status. A person is not in H1B status when they are unemployed. So the unemployed time does not count as valid H1B stay in the country because you are out of status. Therefore only the time spent employed and in valid H1B counts makes sense when calulating the time left on a H1B visa. Because if you are no longer in H1B status how can you count it for the 6 yr clock.

The I-94 date decides unlawful presence. A person is lawfully present in the US until the date on the I-94.

[jan22 3,056]

Unlawful presence depends on the date on the I-94. Being unlawfully present and out of status are two totally different things.

Being out of status means you are no longer on H1B - that is why the company lets USCIS know the H1B agreement has ended.

When you are no longer employed you cease to be in H1B status. A person is not in H1B status when they are unemployed. So the unemployed time does not count as valid H1B stay in the country because you are out of status. Therefore only the time spent employed and in valid H1B counts makes sense when calulating the time left on a H1B visa. Because if you are no longer in H1B status how can you count it for the 6 yr clock.

The I-94 date decides unlawful presence. A person is lawfully present in the US until the date on the I-94.

If you're so sure of the answer (and not to be argumentative, but being out of status and unlawfully present are not "two totally different things"), then I guess I don't understand why you're posing a question that you are so sure you know the answer to? What "makes sense" is not necessarily be an appropriate interpretation of the law. But, regardless -- done trying to provide an sort of an answer when you already know best. Maybe someone else will give you an answer you're happier with.

Edited August 18, 2013 by jan22

[Harsh_77 718]

Unlawful presence depends on the date on the I-94. Being unlawfully present and out of status are two totally different things.

Being out of status means you are no longer on H1B - that is why the company lets USCIS know the H1B agreement has ended.

When you are no longer employed you cease to be in H1B status. A person is not in H1B status when they are unemployed. So the unemployed time does not count as valid H1B stay in the country because you are out of status. Therefore only the time spent employed and in valid H1B counts makes sense when calulating the time left on a H1B visa. Because if you are no longer in H1B status how can you count it for the 6 yr clock.

The I-94 date decides unlawful presence. A person is lawfully present in the US until the date on the I-94.

The date on I-94 is only valid if you are in good standing, if you lost the job on H1 you only have 30 days to find another job and transfer your H1 otherwise you are out of status and unlawfully present in US.

In this case you I-94 date has no relevance.

[Morningmist 76]

I agree with Harsh_77. Your I-94 has bearing only when you have a job. AND you are getting paid for the duration you are in the US. If your company revokes your H1 then you don't have any status in the US. In fact you wont be "out of status" but illegally present in the US. Your I-94 is pretty much void too and you start collecting time towards your 180 day over stay which could lead you to a ban. The 30 day grace period is usually given to those who are laid off and at the discretion of the USCIS officer. If you get fired or you quit you need to find a job before your company's revocation letter reaches USCIS. which means you have anywhere between a week or two to find another job so you can do a transfer while in the country.

Your 6 year clock starts the days you are physically present in the US. Technically on an H1B, you need to be paid as per the terms and agreement of your LCA everyday you are in the US by your employer. Any unpaid leave while employed is also in violation of your status. Only time physically not present in the US can be recaptured for H1 B. If you've ever done a transfer lawyers never ask if there were days you weren't getting paid or you were out of status, so they can recapture them. They always ask what days you weren't physically present in the US. That includes paid vacations to countries other than US like trips to India or even day vacations to Canada or mexico. Each day you weren't here in the US, is then recaptured. That's what they did when I transferred.