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  • H1 extension

    I am currently on H1 visa.

    Following are my duration of stay in the US
    L1-A visa - from Nov '03 to Nov'04 - 1 year
    L1-A visa - from April '05 to sep '05 - 6 months
    H1-B visa - from oct '05 till sep '08 - 3 years

    My company has filed for an H1 extension in July '08 and that petition was only approved till 07/30/2009. Since my overall duration of stay in the US has been only 4 years 8 months till date, I was a little surprised to see the approval come in only till July 2009. Can someone clarify this? Is this because of the 240 day rule?

    Please advise, as I am trying to change jobs and feel that my chances of getting one will be limited because of the visa petition validity date. Thanks.

  • #2
    What about the 240 day rule? The lawyer filing the extension should clearly document the period in US substantiating with documentary evidence of entry/exit stamps on the passport. Your lawyer can file another extension and reclaim any period left in the 6 years during your transfer.

    Also note periods spent outside on vacations while holding H1b can be re-captured.

    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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