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H1 B Duration

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  • H1 B Duration

    Hi All, I am new to this forum and has few questions regarding my H1B Visa duration.
    I got my first H1B petition approved in Dec 2002 and Visa was staped in Feb03. I spent the remaining years in US and India and time spent in US is given below.
    Jun 03 - July 03 - 3 weeks
    Oct 03 - Jan 05 - 15 months
    Feb 06 - may 06 - 3 months
    Dec 06 - Apr 07 - 4 months
    Apr 07 - Till date - 15 months

    My first extension was in 2005 and second extension is currently under processing and USCIS have raised some queries and is on hold. My questions are

    How will USCIS calculate the total duration for H1B? By days or by week or by months or by years?
    Will I get extension beyond 6 years say dec 08 as I have spent only less than 4 years in the last years I was holding an H1?
    I am planning to go back to India again in Nov 08 and may not come back again for a year or so. Assume that my current extension application is approved and visa is extended till Dec 2010. If I come say in Jan 2010 after spending continuosly more than 1 year outside the county, will H1B duration counter start again? Just as a note, I do not have any intension of processing my GC. Also I am not panning to change my employer in between.


    Thanks a lot for pateint reading and all answers.

    -Sam

  • #2
    Count it as days or months or years, total should be less than 6 years and if so, USCIS will approve. If you spend 1 year outside, you have to apply under a new cap if you want a new 6 year term.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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