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Can I extend my H1B Visa based on my query?

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  • Can I extend my H1B Visa based on my query?

    My H1B expiration date is September 27, 2014, but I would like to know can I apply for extension, please Let me know after considering my "USA stay" as below:


    Date of Entry-US (mm/dd/yyyy) Date of Exit-US (mm/dd/yyyy) Days outside US Select the Visa Type
    1st Entry 2-Jun-06 10-Feb-07 109 L-1B
    2nd Entry 31-May-07 19-Aug-07 449 L-1B
    3rd Entry 11-Nov-08 29-Dec-12 33 H-1B
    4th Entry 1-Feb-13 Still in USA 0 H-1B

    Thanks for your reply in advanced.

    Regards,
    Naresh.

  • #2
    Originally posted by snareshk View Post
    My H1B expiration date is September 27, 2014, but I would like to know can I apply for extension, please Let me know after considering my "USA stay" as below:


    Date of Entry-US (mm/dd/yyyy) Date of Exit-US (mm/dd/yyyy) Days outside US Select the Visa Type
    1st Entry 2-Jun-06 10-Feb-07 109 L-1B
    2nd Entry 31-May-07 19-Aug-07 449 L-1B
    3rd Entry 11-Nov-08 29-Dec-12 33 H-1B
    4th Entry 1-Feb-13 Still in USA 0 H-1B

    Thanks for your reply in advanced.

    Regards,
    Naresh.
    Between 11-Nov-2008 till 27-Sep-2014 you would have spent nearly 6 Years on H1, so I dont think you can get a substantial extension without having a pending GC application.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by snareshk View Post
      My H1B expiration date is September 27, 2014, but I would like to know can I apply for extension, please Let me know after considering my "USA stay" as below:


      Date of Entry-US (mm/dd/yyyy) Date of Exit-US (mm/dd/yyyy) Days outside US Select the Visa Type
      1st Entry 2-Jun-06 10-Feb-07 109 L-1B
      2nd Entry 31-May-07 19-Aug-07 449 L-1B
      3rd Entry 11-Nov-08 29-Dec-12 33 H-1B
      4th Entry 1-Feb-13 Still in USA 0 H-1B

      Thanks for your reply in advanced.

      Regards,
      Naresh.

      Hi Raghvi,

      Thanks for your feedback on my query, but mine will be completed 3 years by end of September 2014 on H1B, but my 6 years will be completed by end of September 2014 on L1B+H1B, and also My GC PERM has submitted to LOB recently 11 months before my H1B Expiration(September2014), so in this case is it possible can I apply for H1B extension...


      Regards,
      Naresh.

      Comment


      • #4
        Originally posted by snareshk View Post
        Hi Raghvi,

        Thanks for your feedback on my query, but mine will be completed 3 years by end of September 2014 on H1B, but my 6 years will be completed by end of September 2014 on L1B+H1B, and also My GC PERM has submitted to LOB recently 11 months before my H1B Expiration(September2014), so in this case is it possible can I apply for H1B extension...


        Regards,
        Naresh.
        You said
        3rd Entry 11-Nov-08 29-Dec-12 33 H-1B ,
        4th Entry 1-Feb-13 Still in USA 0 H-1B


        So I assumed that you were on H1B from 11-Nov-2008 till 29-Dec-2012. I dont know from where you copied and pasted this. Nonetheless, even if it is H1B or L1B as your 6 Years stay is completing End of Sept 2014, also to take advantage of extension beyond 6th Year the PERM has to be pending with DOL for 365 Days or more, not 11 Months. You mentioned LOB? What is LOB?

        One option would be to leave US prior to 6th Year completion and as soon as PERM is pending for 365 days to file for an extension of H1 while there is time still remaining on H1.
        Other option would be to seek the recapture of the time remaining in the 6 Years and then later fiel for extension as recapture should allow you additional Month or so on account of the 33 Days you spent outside US.

        Talk to an immigration attorney as without seeing the relevant documentation it would be difficult to suggest which option could be feasible.

        This is my opinion not legal advice.

        Comment

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