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  • H1B petition validity

    Hi Team,

    My H1B petition got approved on 15th November 2012 and traveled to USA for 6 months(June 2013 to October 2013) and came back to India. I have applied extension and it got approved on 14th November 2015 for 1 year(to 13th November 2016) but have not traveled to USA after stamping and it got expired now. I have the below questions

    1.)I heard H1B validity is for 6 years, Is 6 years count start from the day first approved i.e 15th November 2012? (OR) 6 years count start from the latest extension approved i.e 14th November 2015?
    2.)How many days before of visa validity expiry, we can go for visa extension?
    3.)Do we have any place to check the H1B petition validity?
    4.)If I move to other company, still Can I use my H1B visa?

    Thanks much your help,
    Ram.

  • #2
    Originally posted by raj.ram View Post
    Hi Team,

    My H1B petition got approved on 15th November 2012 and traveled to USA for 6 months(June 2013 to October 2013) and came back to India. I have applied extension and it got approved on 14th November 2015 for 1 year(to 13th November 2016) but have not traveled to USA after stamping and it got expired now. I have the below questions

    1.)I heard H1B validity is for 6 years, Is 6 years count start from the day first approved i.e 15th November 2012? (OR) 6 years count start from the latest extension approved i.e 14th November 2015?
    2.)How many days before of visa validity expiry, we can go for visa extension?
    3.)Do we have any place to check the H1B petition validity?
    4.)If I move to other company, still Can I use my H1B visa?

    Thanks much your help,
    Ram.
    (1) You can stay a maximum of 6 yrs on H1B in the US. The 6 yrs. count only the days you actually were in the US. Besides that, once you have been counted under the cap, you do not need to go through the lottery again if within 6 yrs. from the day you last held the H1 status or the petition date, whichever is valid. So in your case, an employer can file a cap exempt H1 for you.

    (2) A visa is merely for entry into the US. So unless you foresee a need to travel to the US, you will not go for visa stamping/renewal.

    (3) The only place is USCIS website to check the status of your petition.

    (4) See answer to 1 above.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      (1) You can stay a maximum of 6 yrs on H1B in the US. The 6 yrs. count only the days you actually were in the US. Besides that, once you have been counted under the cap, you do not need to go through the lottery again if within 6 yrs. from the day you last held the H1 status or the petition date, whichever is valid. So in your case, an employer can file a cap exempt H1 for you.

      (2) A visa is merely for entry into the US. So unless you foresee a need to travel to the US, you will not go for visa stamping/renewal.

      (3) The only place is USCIS website to check the status of your petition.

      (4) See answer to 1 above.

      Thank you very much for your reply.

      Comment

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