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How to calculate the 6yrs H1B stay if there was H4 stay also

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  • How to calculate the 6yrs H1B stay if there was H4 stay also

    Currently, I am on H4 visa and planning to apply for H1B for 2014 quota.
    Which means, I will file the petition on 1st Apr 2013 and will be eligible to work from 1st Oct 2013 if approved.
    and If I start working from Jun 2014 and stay in US all this time on h4.

    So, My question is, How my H1B 6yrs stay will be calculated?
    Will they start calculating from 1st OCT 2013 OR Jun 2014 ?

    Thank you for reading my thread.
    Hope to get answer soon.

  • #2
    Only the time spent in the US in H1 status will count towards the 6 year limit.

    However, remember if the H1 petition is filed and approved with change of status, you don't have the choice of deferring your start date. You must start maintaining H1 status from Oct 1.
    This is my opinion and not legal advice.

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