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Posted on 05 May 2011
Q.

How to calculate H-1B six year limit

I am a Canadian citizen and I have a question regarding my six year H1B limit. I started working on H1B from October 2006 until I was laid off in May 2008. Following my layoff, I changed my immigration status to H4. After being on H4 status for two months, I got a job using which I obtained a TN1 visa in July 2008. I remained on TN1 status until July 2009 at which time my company applied for and obtained H1B for me.

Timeline of Events:
H1B: Oct 2006-May 2008
H4: May 2008-July 2008
TN1: July 2008-July 2009
H1B: July 2009-Present

My H1B is currently set to expire in July 2012, and I was wondering if the time I spent on H4 and TN1 will be counted towards my six year H1B limit.

If I change to another company today, how much time can the new company claim for my H1B?

Thank you.

User's Location: San Jose, California, United States of America
Category: H1B Visa (Work Visa)
Posted on 05 May 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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