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  • H1B Extension

    Hello,

    Context:
    I am a H1B visa holder, currently in my 4th year of H1. I left to India in Jan 2007. I went for stamping at the Chennai consulate, and I got my visa till July 2007 since my I-797 is valid only until then. I am returning back to US now (June end or July beg.).

    Questions:

    1) Will I have a problem applying for an extension once I reach US, since I do not have the pay stubs for the past 5 months?

    2) If I stay back in India for the next 7 months (making the total stay outside of US as 1 year), will I be eligible to apply for a new H1 and be able to get another 6 years of H1B visa? If yes, will I be subjected to the cap of 2008 (I have a Master's degree from a US university - F1->H1) and how soon can I apply for the new H1B?

    3) I read ambiguous information regarding the data collection fees ($750 or $1500) for first time extensions. On some websites, I read that it is waived for extensions in general, and on some I read it is waived only for second or subsequent extensions. In my case, the same employer who had earlier filed my petition will be applying for the extension as well (first extension). So, am I required to pay the data collection fees?

    TIA,
    SumanaR/Nikkee

  • #2
    No since you were in India and if you can present a letter stating you were on Leave without pay.

    Yes that is true you will get 6 years if yo complete full 365 days outside. Since this year will still be within 6 years of last entry yo will not be subject to cap.

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    • #3
      Thanks a bunch for the quick reply.

      -SumanaR

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