Question on max stay on H1-B with no GC process started yet

USA H1B Visa
1

Hi Saurabh,

please advise whether I will come under 6 yr max stay in US and will need to go back for 1 year. Will actual stay be considered to calculate max stay or duration between visa stamping be considered to decide this?

entered US on L1-B: August 5 2009

return: July 15 2012

Re-entry on H4: May 29 2013

return: July 15 2013

entry on H1-B: August 2013

visa and I-94 expiry: sep 2015

GC process not started yet.

Thanks much.

2

Actual stay = ACTUAL PHYSICAL PRESENCE within the US (includes Mexico and Canada if returned to US within 30 days of departure.)

So its 365 * 6 = 2190 days. This doesn’t include the days you were not inside the US. In simple terms, if your passport doesn’yt have I-94(when you depart :)), your 6 yrs are not counted.

Please calculate it yourself :slight_smile:

3

Thanks for the response. Will the time I spent on H-4 count for max stay on h1-b check. Also what about the vacation time that I spent in India- can I subtract that also from time of physical presence in US?.

4

According to some attorney’s site it should not.