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  • H1B

    Hi All,
    I have a situation with my H1B. I have entered into USA first time in Aug'99 with a H1 valid till may'2001. and I have got it extended for another 3 years till March'2004 and I got my visa revalidated from St.Louis also. after I have got my Visa revalidated, I have left USA on 3rd September 2001 to India. I have stayed in India for about 2years and came back to USA on 18th September 2003. now I have got only 6months left on my H1.
    as of now I do not have any Greencard under process.
    I need your help with this...
    Since I have stayed outside USA for more than one year, am I eligible for a fresh period of 3 Years.
    what can I do with this...?
    I need all of your help with this issue..

  • #2
    On what visa did you come back? Are you working for the company you got the H1 from?
    In general, a stay abroad for 1 year resets the H1 clock.


    • #3
      H1 after staying 1Yr abroad

      Hi Joseph,
      I came back to USA on H1 again and I am working for the same company ever since I have entered into US for the first time.
      do you think my H1 is going to be 6 more years from now..?
      I appreciate your response and thanks very much


      • #4
        Re: H1 after staying 1Yr abroad

        Hmm, my name is not Joseph. Joe is a nickname, and not an abbreviation of Joseph...
        To the content: the law says that if you spent a year abroad, you can get a new 6 years.
        But my concern was rather, did you get a new H1, or did you use the old one? If you used the old one, USCIS may not even be aware that you were abroad for 2 years.
        So to get an extension, your lawyer should include documentation of your stay abroad to USCIS when he files the extension.