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Spent 6 Month in USA in H1B need to go for extension or Amendment

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  • Spent 6 Month in USA in H1B need to go for extension or Amendment

    Hello Everyone,

    I carry H1B which is Valid till August 2019, I want to know that I have stayed in USA for 6 month in 2017 than I came back,I just wanted to know do I need to go for extension or I have to do only amendment since I have been in USA for only 6 month.

    I heard that you can stay in USA for 6 year in H1B.

    It would be great if anyone help me.

  • #2
    So as far as I'm concern H1-B is a use it or lose it visa in terms of the validity. If you have been away from the states for a long time, Border officer could question if you are still working for the company that sponsored your H1-B. I don't really know what amendment you mention in your post. Could you clarify?

    To answer your question: You need an H1-B extension. Which basically requires advertising your job position again under the US regulation. If this is your case you should start now, given that the H1-B only grants an additional 60 day grace period. The extension will grant you 3 more years.

    If you apply for a green card and have an approved I-140 your H1-B status will stay valid longer.

    I hope this helps. Here is an online resource about time on H1-B : https://www.h1b.io/blog/long-can-sta...piration-date/
    EB2 - National Benefits Center (I-485/I-765/I-131)
    - Priority Date: 10/19/2018
    - Biometrics NOA: 11/09/2018
    - Biometrics Appt: 11/26/2018
    - Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
    - Combo card (I-765/I-131) approved: 05/03/2019
    - Combo card (I-765/I-131) received: 05/10/2019
    - Interview Notice: 10/03/2019
    - Case Approved: 10/04/2019
    - Card in hand: 10/10/2019
    (374 days of DOL/I-140 and 356 days of AOS = 730 days of Green Card Process)


    • #3
      Thanks for giving information- My specific question is that My Visa approved in November 2016 and I stayed in USA till July 2017 after that I have come back and it's almost 1 and half year passed now I am again travelling to USA, So I just wanted to know, I have lost 1 and Half year of total stay in H1B, Can those lost 1 and half be added to 6 year period of stay in USA in H1B if I apply for extension. (Since in H1B you can stay in USA for 6 Year).

      I really Appreciate your response....

      By The way I am working for the same company which sponsored my VISA only thing is that my client is different now.
      Last edited by girishsahu; 03-27-2019, 05:23 AM.