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H1 Extension Clarification

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  • H1 Extension Clarification

    I got my H1 in 2008 and was in US from 2008 till 2011. Then was in India from 2011 May till 2013 June and travelled to US in 2013 July in same petition. I applied for extension in Nov 2013 and got approval till Feb 2015. Now petition is completing 6 years (2008-2014) but I have not stayed physically for 6 years in US and was in India for more than a year. How does extension work now. Will there be a new H1 to be filed or same can be extended? If new, then can it be done while I am in US? Will it go for CAP?

  • #2
    Hello, Jaichouske.

    I think you are eligible for another extension. 6 years are calculated basis the time spent in USA on that visa (or L1 visa). Whatever time you were outside USA, kindly do not consider that in your 6 year H1B period. (Same visa will be extended, You need not leave USA, Of course cap exempt as it is the same visa - you are only extending the visa).

    I hope this helps.

    Personal opinion.

    Wishing you luck.

    Originally posted by jaichoukse View Post
    I got my H1 in 2008 and was in US from 2008 till 2011. Then was in India from 2011 May till 2013 June and travelled to US in 2013 July in same petition. I applied for extension in Nov 2013 and got approval till Feb 2015. Now petition is completing 6 years (2008-2014) but I have not stayed physically for 6 years in US and was in India for more than a year. How does extension work now. Will there be a new H1 to be filed or same can be extended? If new, then can it be done while I am in US? Will it go for CAP?
    Last edited by Nattybone; 04-29-2014, 05:46 AM.
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      Thanks

      I guess your thoughts are valid. I am checking with my company overseas deptt as well. Will let you know once confirmed.

      Originally posted by Nattybone View Post
      Hello, Jaichouske.

      I think you are eligible for another extension. 6 years are calculated basis the time spent in USA on that visa (or L1 visa). Whatever time you were outside USA, kindly do not consider that in your 6 year H1B period. (Same visa will be extended, You need not leave USA, Of course cap exempt as it is the same visa - you are only extending the visa).

      I hope this helps.

      Personal opinion.

      Wishing you luck.

      Comment

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