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H-1 to F-1 to H-1 extension

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  • H-1 to F-1 to H-1 extension

    I came to the US for the first time in January 2000 on H-1 for company A. I stayed in the US for 9 months then went back to India and changed my visa status to F-1. I came to the US in Jan 2001 on F-1 visa. Then got my EAD after completing masters and started to work for a company B upto Dec 2004, when the company sponsored my H-1 in Dec 2004. I am working for the company B till date, my current H-1 visa is expiring in Dec 2007. Will I get an extension on H-1 after Dec 2007? And for what duration? If I can not get an extension, what would be my options? Please help!

    Thanks you

  • #2
    You can remain on H1 status for 6 years. If you have stayed outside US for more than one year then you can reset the clock, otherwise, it is cumulative. Extension is very much possible if you have followed the norms. If you intend settling down in US, then urge your employer to start the GC process for you.
    VEENA
    (NOT LEGAL ADVICE)

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    • #3
      So does that mean that only 9 months of my first H-1b period would be used against the 6 years limit even though I had a stamp for 3 years?

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      • #4
        Every period that you have been on H1B will be taken into account, unless you have spent one whole year outside US.
        VEENA
        (NOT LEGAL ADVICE)

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