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Need Help to Identify stay regarding my Petition.

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  • Need Help to Identify stay regarding my Petition.

    My First Petition with Company A.
    1. Applied in H1b quota of Year 2006, with Company A.
    2. Got H1b stamped on 16MAR2007 and valid till 29SEP2009
    I never entered in to USA on my first H1b Visa.

    I applied for new 2nd Petition with Company B, in year 2008 with same H1b Quota of Year 2006.
    I got my passport H1b visa again on 16SEP2009 & this time validation mentioned in passport is 31DEC2011.

    My Queries :-
    1. If I enter in to USA in Jan 2010, Till what time I can stay in to USA ? Can I stay for entire 3 years period, as H1b is valid for 3 years.
    2. After completition of first 3 years stay, can I apply for anothre 3 years stay in to USA ?
    3. While travelling to USA, what documents, do I need to carry with me ?

    Please reply, as it matters a lots for me.

    Thanks & Regards,
    Samir Bhavsar

  • #2
    1. Yes
    2. Yes
    3. Employment letter and approval notice, amongst others.

    Comment


    • #3
      Thanks for you reply

      Hi,

      Thanks a lots for your reply.

      Have you gone through the dates mentioned on passport. Its valid till
      31DEC2009 only, means two years only.

      Still Can I stay for 3 years and apply for next 3 years ?

      Rgds,
      Samir

      Comment


      • #4
        Visa in your passport is only an entry document to U.S. Which means, you can keep entering U.S in the same visa status as many times as possible until the visa expiry. When you are inside U.S, all that matters is your I-94. Most of the time the I-94 will be given until the petition expiry. You need to apply for extension before your I-94 expiry. Upon successful extension you will get a new I-94 with which you can continue to stay in U.S (Even with an expired visa). Visa is only required if you leave U.S and want to re-enter.

        Take some time and check out the FAQs.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks for reply

          Hi,

          It means I can claim my entire 3 years stay in USA, whenever I enter in to USA. Also I can apply for my next 3 years extension.

          Thanks
          Samir

          Comment


          • #6
            What is this 3 year limit that you keep talking about? H1B in total is for 6 years. When you enter U.S, there are chances that you could get an I-94 only till your visa expiry (2 year) even though your petition is valid for longer duration (The happens sometimes depending on the immigration officer). Also, when you apply for extension, your employer need to give proof about the project duration (Documents like client letter etc). If your project duration is only for another 1 year, then the extension that you will get will be only for that duration. However, you can keep applying for extension until you reach the 6 year limit.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thanks

              Thanks 4 your reply.

              Comment

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