Sam Joharay

Hi,

Is there some place I can find out what is the status of
H1-B quota for the current year? Is this information made
public?

Also, I have been to US on H1-B visa for a period of 5
months in 2001 (July to Nov end). My H1-B visa expired in
October 2003, but I have been in USA on F1 visa since
August 2002. Am I eligible for H1-B visa by extension of
my earlier visa? Is it possible to get a new H1-B visa
with total 6 year period, or will I get a new visa for
only:
6 minus (# of years since getting first H1-B visa till
coming to US on F1) years?

Please let me know a authoritative site carrying this
information if possible. Any personal views on this are
also appreciated.

Thank you.
[Sam Jo]

Jozef

"Sam Joharay" <> wrote in message
news:...
    > Hi,
    > Is there some place I can find out what is the status of
    > H1-B quota for the current year? Is this information made
    > public?

Not on a continuous basis, as for as I know. On January 21, 2004 the tally
was 43,500 cases filed. That means there were 21,500 left for FY2004 at that
moment.

    > Also, I have been to US on H1-B visa for a period of 5
    > months in 2001 (July to Nov end). My H1-B visa expired in
    > October 2003, but I have been in USA on F1 visa since
    > August 2002. Am I eligible for H1-B visa by extension of
    > my earlier visa?

Unfortunately, no. You will have to apply for a new one. An extension has to
be filed while still in valid H-1B status. A transfer can be filed only if
there is less than 60 days between jobs.

    > Is it possible to get a new H1-B visa
    > with total 6 year period, or will I get a new visa for
    > only:
    > 6 minus (# of years since getting first H1-B visa till
    > coming to US on F1) years?

Because you were not outside the US a full year, your 6 year clock was not
reset. However, only time spent in H and L status counts towards the limit,
so you have 5 years and 7 months left in H-1B status.

    > Please let me know a authoritative site carrying this
    > information if possible.

Part of what I stated is not explicitly written in the law. Check out Ingo's
FAQ for more info and links to authoritative websites:

http://www.kkeane.com

Sam Joharay

Hi Jozef,

Thanks for a prompt and informative reply.
Also I will check Ingo's site soon. Currently
it is not available.

Regards,
[Sam Jo]

"Jozef" <jozef.*take this out*> wrote in message news:<mKWTb.294$>...
    > "Sam Joharay" <> wrote in message
    > news:...
    > > Hi,
    > >
    > > Is there some place I can find out what is the status of
    > > H1-B quota for the current year? Is this information made
    > > public?
    >
    > Not on a continuous basis, as for as I know. On January 21, 2004 the tally
    > was 43,500 cases filed. That means there were 21,500 left for FY2004 at that
    > moment.
    >
=== truncated ===

Sam Joharay

"Jozef" <jozef.*take this out*> wrote in message news:<mKWTb.294$>...
    > "Sam Joharay" <> wrote in message
    > news:...
    > > Is it possible to get a new H1-B visa
    > > with total 6 year period, or will I get a new visa for
    > > only:
    > > 6 minus (# of years since getting first H1-B visa till
    > > coming to US on F1) years?
    >
    > Because you were not outside the US a full year, your 6 year clock was not
    > reset. However, only time spent in H and L status counts towards the limit,
    > so you have 5 years and 7 months left in H-1B status.
    >


Just a clarification sought here. Although I was in US on H1-B for
5 months, my visa had been approved 4 months before I came here.
So would that take off 9 months and leave me with 5 years 3 months
remaining when I get a new visa now?

Many thanks.
[Sam Jo]

Jozef

"Sam Joharay" <> wrote in message
    > > > Is it possible to get a new H1-B visa
    > > > with total 6 year period, or will I get a new visa for
    > > > only:
    > > > 6 minus (# of years since getting first H1-B visa till
    > > > coming to US on F1) years?
    > >
    > > Because you were not outside the US a full year, your 6 year clock was
not
    > > reset. However, only time spent in H and L status counts towards the
limit,
    > > so you have 5 years and 7 months left in H-1B status.
    > >
    > Just a clarification sought here. Although I was in US on H1-B for
    > 5 months, my visa had been approved 4 months before I came here.
    > So would that take off 9 months and leave me with 5 years 3 months
    > remaining when I get a new visa now?

No - the 'clock' only starts ticking the moment you enter the US. The 6 year
total means 6 years in H-1B *status*. Outside the US one does not have a
status. Exception: short trips (vacations) outside the US while on the H-1B
sponsor's payroll, (usually) *do* count towards the 6 year limit.

Note that yours is a rather complicated case!
What I mean is, do not assume that the CIS employees will automatically
apply the same calculations, even though they are correct, IMHO. They will
almost certainly mess up.
Your employer's attorney will have to keep close tabs on your case. You will
want to double-check all of this with him/her anyway. Do not base
life-decisions on something you read in a newsgroup!

Sam Joharay

Jozef,

Thanks for your responses.
Actually the situation is even more complicated than
I explained before. Here is what the exact scenario is like:

Got My H1-B Visa stamped : Feb 2001 (valid till Nov 2003)
Actually arrived in US on H1 B: June 2001
Left US : Nov 2001
Got F1 visa stamped : June 2002
Arrived in US on F1 : August 2002

So you see, there was a period of 4 months between getting
the visa stamped and actually travelling on the visa; and
a period of 10 months between returning from US and coming
back on F1 visa.

Also, do you have an idea of any online resources that may
help me understand the law in these matters?

Regards.

[Sam Jo]



"Jozef" <jozef.*take this out*> wrote in message news:<8m8Ub.6179$>...
    > "Sam Joharay" <> wrote in message
    > > > > Is it possible to get a new H1-B visa
    > > > > with total 6 year period, or will I get a new visa for
    > > > > only:
    > > > > 6 minus (# of years since getting first H1-B visa till
    > > > > coming to US on F1) years?
    > > >
    > > > Because you were not outside the US a full year, your 6 year clock was
    > not
    > > > reset. However, only time spent in H and L status counts towards the
    > limit,
    > > > so you have 5 years and 7 months left in H-1B status.
    > > >
    > > Just a clarification sought here. Although I was in US on H1-B for
    > > 5 months, my visa had been approved 4 months before I came here.
    > > So would that take off 9 months and leave me with 5 years 3 months
    > > remaining when I get a new visa now?
    >
    > No - the 'clock' only starts ticking the moment you enter the US. The 6 year
    > total means 6 years in H-1B *status*. Outside the US one does not have a
    > status. Exception: short trips (vacations) outside the US while on the H-1B
    > sponsor's payroll, (usually) *do* count towards the 6 year limit.
    >
    > Note that yours is a rather complicated case!
    > What I mean is, do not assume that the CIS employees will automatically
    > apply the same calculations, even though they are correct, IMHO. They will
    > almost certainly mess up.
    > Your employer's attorney will have to keep close tabs on your case. You will
    > want to double-check all of this with him/her anyway. Do not base
    > life-decisions on something you read in a newsgroup!

Ingo Pakleppa - See Web Site For Email

I see that you already got an excellent answer to your post.

I just tried going to http://www.kkeane.com and didn't see anything wrong.
What error message do you get? Feel free to email me privately at
.

Thanks!

On Wed, 04 Feb 2004 06:31:35 -0800, Sam Joharay wrote:

    > Hi Jozef,
    >
    > Thanks for a prompt and informative reply.
    > Also I will check Ingo's site soon. Currently
    > it is not available.
    >
    > Regards,
    > [Sam Jo]
    >
    > "Jozef" <jozef.*take this out*> wrote in message news:<mKWTb.294$>...
    >> "Sam Joharay" <> wrote in message
    >> news:...
    >> > Hi,
    >> >
    >> > Is there some place I can find out what is the status of
    >> > H1-B quota for the current year? Is this information made
    >> > public?
    >>
    >> Not on a continuous basis, as for as I know. On January 21, 2004 the tally
    >> was 43,500 cases filed. That means there were 21,500 left for FY2004 at that
    >> moment.
    >>
    > === truncated ===

Ingo Pakleppa - See Web Site For Email

Neither the four months nor the ten months count towards the six years on
H-1B. Only the time from June 2001 to November 2001 counts. Side note: had
you waited until November 2002 before returning to the US with your F-1,
your six years would actually have started over from scratch - an absence
of one year resets the clock.

On Wed, 04 Feb 2004 12:24:07 -0800, Sam Joharay wrote:

    > Jozef,
    >
    > Thanks for your responses.
    > Actually the situation is even more complicated than I explained before.
    > Here is what the exact scenario is like:
    >
    > Got My H1-B Visa stamped : Feb 2001 (valid till Nov 2003) Actually
    > arrived in US on H1 B: June 2001 Left US : Nov
    > 2001 Got F1 visa stamped : June 2002 Arrived in US on F1
    > : August 2002
    >
    > So you see, there was a period of 4 months between getting the visa
    > stamped and actually travelling on the visa; and a period of 10 months
    > between returning from US and coming back on F1 visa.
    >
    > Also, do you have an idea of any online resources that may help me
    > understand the law in these matters?
    >
    > Regards.
    >
    > [Sam Jo]
    >
    >
    >
    > "Jozef" <jozef.*take this out*> wrote in message
    > news:<8m8Ub.6179$>...
    >> "Sam Joharay" <> wrote in message
    >> > > > Is it possible to get a new H1-B visa with total 6 year period,
    >> > > > or will I get a new visa for only:
    >> > > > 6 minus (# of years since getting first H1-B visa till
    >> > > > coming to US on F1) years?
    >> > >
    >> > > Because you were not outside the US a full year, your 6 year clock
    >> > > was
    >> not
    >> > > reset. However, only time spent in H and L status counts towards
    >> > > the
    >> limit,
    >> > > so you have 5 years and 7 months left in H-1B status.
    >> > >
    >> > Just a clarification sought here. Although I was in US on H1-B for 5
    >> > months, my visa had been approved 4 months before I came here. So
    >> > would that take off 9 months and leave me with 5 years 3 months
    >> > remaining when I get a new visa now?
    >>
    >> No - the 'clock' only starts ticking the moment you enter the US. The 6
    >> year total means 6 years in H-1B *status*. Outside the US one does not
    >> have a status. Exception: short trips (vacations) outside the US while
    >> on the H-1B sponsor's payroll, (usually) *do* count towards the 6 year
    >> limit.
    >>
    >> Note that yours is a rather complicated case! What I mean is, do not
    >> assume that the CIS employees will automatically apply the same
    >> calculations, even though they are correct, IMHO. They will almost
    >> certainly mess up.
    >> Your employer's attorney will have to keep close tabs on your case. You
    >> will want to double-check all of this with him/her anyway. Do not base
    >> life-decisions on something you read in a newsgroup!

Jozef

"Sam Joharay" <> wrote in message
    > Also, do you have an idea of any online resources that may
    > help me understand the law in these matters?

I see Ingo has already replied to your post, and if you can get to his
website, you will find a bunch of links to websites that can help you in
deciphering the complex H-1B regulations.

Sam Joharay

Thanks Ingo and Jozef.

I understand that to accurately evaluate my situation
I should hire a lawyer as Jozef suggested. But right
now I'm just happy believing what you guys have to say

I have not yet got to the stage where I have an
employer ready to sponsor my visa, and when I get
to that stage I (or my employer) will definitely
consider taking a formal legal advice.


Regards,
[Sam Jo]
PS : Ingo, thanks for making the links available on your
website. Should keep me from having to use google most
of the times




"Jozef" <jozef.*take this out*> wrote in message news:<4YlUb.5509$>...
    > "Sam Joharay" <> wrote in message
    > >
    > > Also, do you have an idea of any online resources that may
    > > help me understand the law in these matters?
    >
    > I see Ingo has already replied to your post, and if you can get to his
    > website, you will find a bunch of links to websites that can help you in
    > deciphering the complex H-1B regulations.