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Confused about H1B - 6 year period

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  • Confused about H1B - 6 year period

    Hi,
    Here is my scenario:
    1. Came to US on H1-B in nov 2002
    2. I have visited US on regular intervals.
    Intervals being:
    Trip1: 1 years
    Trip2: 7 months
    Trip3: 9 months
    Trip4: 2.2 years (latest)... I am currently in US. Current petition is valid upto sept 2009. In sept. 2009, my total stay in US will be approx. 5 years 11 months.
    3. In 2007, I changed cos (H1B Transfer)...
    4. My question:
    a. What is the best way to extend my Visa beyond 6 years
    b. Is it necessary for my me to apply for GC processing immediately - I am confused as to how the 6 year limit is calculated....

    Thanks in advance...

  • #2
    H1b period is calculated by simple addition of the total period on H1b unless a new cap subject H1b was obtained after a period of 1 year outside the US. You need to have a labor filed before you cross over into the 6th year to get extensions or have the I140 approved before you complete 6 years.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks Txh1b

      Comment


      • #4
        have another question?

        Here is my case ...
        Although Txh1b answered my question....
        But I have another Q?
        - As per the arrival and departure dates ... my 6 years will be completed by next sept'2009.But I recently got a new petition valid upto 03/2010.
        I am not sure, if the 6 year period is calculated based on arrival and departure dates or any other criteria. I am sure, I havent stayed outside US for more than 1 year.

        Thanks in advance

        Comment


        • #5
          If you think that USCIS erroneously gave you some extra time and you know your 6 yrs end before the date on approval notice, it is recommended that you not use the extra time to be on the safe side.

          Start your GC process and apply for an extension based on what you think is your six year end. This is just my suggestion.
          Check out H1 FAQs first!
          http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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          • #6
            USCIS has made errors in the past. It is not legal to work past the 6 year period without proper prrof of GC labor filing prior to 365 days or I140 approval.

            Any periods spent outside the US has to be specifically requested to be re-captured while filing a petition to USCIS and is not automatically done.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment

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