H1B extension period (overall) without travelling

[vivekthacker]

I have a bit of unique situation, I got my H1B first approved and stamped in may 2012 with a validity till oct 2013. After that I again apply for extension and it was approved till Aug 2016. All this while I haven’t travelled to the US as my other assignment never got over.

My query is if I travel to US now or within next few months, how many years more can I get my visa extended beyond Aug 2016? Or is it also possible that no will be extension is given and I have to travel back?

I need to make a decision of travel depending on whether visa will be extended beyond 2016 or not. Any comments would be appreciated.

[raghvi]

I have a bit of unique situation, I got my H1B first approved and stamped in may 2012 with a validity till oct 2013. After that I again apply for extension and it was approved till Aug 2016. All this while I haven’t travelled to the US as my other assignment never got over.

My query is if I travel to US now or within next few months, how many years more can I get my visa extended beyond Aug 2016? Or is it also possible that no will be extension is given and I have to travel back?

I need to make a decision of travel depending on whether visa will be extended beyond 2016 or not. Any comments would be appreciated.

While calculating H1 days one is allowed to stay, only days spent in US while in H1 status are taken into account. So technically, with proper documentation, you could be looking at further 4.5 Years extension as by Aug 2016 you would have stayed only for 1.5 Years instead of the allowed 6 Years.

This is my opinion not legal advice.

[vivekthacker]

Thanks Raghvi, appreciate your help.