H1B - reclaiming remaining H1B stay period

[abhishekjha22]

Hi Friends,

Need help related to my H1B extension. Below is my USA entry exit date of my H1B. If you see the days utilized, I have ~160 days left to complete my 6 years tenure.

I had a change of employment this year and the I797 was approved til Feb 2022 (almost 3 years more than expected). How is that even possible? I was expecting it to be extended for a maximum till Feb/March 2020.

I did notice that point number 3 in I-129 form ( H classification supplement to form I-129) says "List the dates the individual has actually been physically inside the US in H‐1B status in the past 6 years"

Visa Type	I797 Dates	Entry in US	Exit from US	Days Utilized
H-1B - Out of Cap	I797 B - Out of Cap - May 13, 2016 to Aug 28, 2018 I787 A - Aug 29, 2018 to Mar 20, 2020 I797 A (change of employment) - Feb 06, 2019 to Feb 01,2022	7-Oct-2016	Till Date	1102
H-1B	Original - I797B - Oct 1st, 2007 to June 18, 2010 Extension - I797A - June 13, 2010 to Jan 10, 2013	21-Feb-2010	16-Jun-2011	480
H-1B	Original - I797 B - Oct 1st, 2007 to June 18, 2010	5-Dec-2007	27-Feb-2009	450

Please advice is there is anything to worry about. My employer has initiated my PERM process and DOL certification is approved. I140 will be filed in a month.

[abhishekjha22]

Someone please help

[abecede]

When you leave the country and not pursue your H1b for 1 year, you basically 'clock reset' your H1B dates. I think that's what it is in your case.

EG. you have your h1b from 2010 to 2016. Then go back to your country and apply to h1b again in 2018. You will be counted as a new applicant.

I am not sure sure about this so better to ask a lawyer.

[scientist2016]

Hi Friends,

Need help related to my H1B extension. Below is my USA entry exit date of my H1B. If you see the days utilized, I have ~160 days left to complete my 6 years tenure.

I had a change of employment this year and the I797 was approved til Feb 2022 (almost 3 years more than expected). How is that even possible? I was expecting it to be extended for a maximum till Feb/March 2020.

I did notice that point number 3 in I-129 form ( H classification supplement to form I-129) says "List the dates the individual has actually been physically inside the US in H‐1B status in the past 6 years"

Visa Type	I797 Dates	Entry in US	Exit from US	Days Utilized
H-1B - Out of Cap	I797 B - Out of Cap - May 13, 2016 to Aug 28, 2018 I787 A - Aug 29, 2018 to Mar 20, 2020 I797 A (change of employment) - Feb 06, 2019 to Feb 01,2022	7-Oct-2016	Till Date	1102
H-1B	Original - I797B - Oct 1st, 2007 to June 18, 2010 Extension - I797A - June 13, 2010 to Jan 10, 2013	21-Feb-2010	16-Jun-2011	480
H-1B	Original - I797 B - Oct 1st, 2007 to June 18, 2010	5-Dec-2007	27-Feb-2009	450

Please advice is there is anything to worry about. My employer has initiated my PERM process and DOL certification is approved. I140 will be filed in a month.

Sometimes you are given an extension beyond your eligibility by mistake. I have often heard that it is the applicants responsibility to see to it that the correct timelines are followed viz., in the future you may be tagged with using H1 beyond your eligibility period even though you were granted the extension.