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H1B - 6 year period validity

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  • H1B - 6 year period validity

    I have a question regarding H1 visa 6 year period.

    I was interning on OPT (F1 visa) from Jun 2005-Jan 2006(OPT ended Jan 2006) with company A.During this time, I filed for H1 through Company B who got the H1 petition approved from Oct 2005-AUg 2008. However, I never worked with them and they never processed my payroll. In March 2006, I joined company C who did an H1 transfer from company B using paystubs of Company A.This time, the petition was approved from March 2006 - Feb 2009.

    My question is:
    Is my 6 year period on H1 counted from Oct 2005 or March 2006 ?

    Thank you.

  • #2
    If your H1B with Company B was approved as a COS (New I-94), then your H1B status started from Oct 1st 2005. In which case, I am not sure how the H1B transfer to Company C got approved as you were never on H1B with Company A (Company A never filed an H1B petition on your behalf, right?)

    If your H1B with Company B was approved as a Consular process, then your actual H1B started only in March 2006 when Company C filed the transfer.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Check all your I-94's (received at POE or attached to any approval notice), make sure any and all H1 petitions were with or without I-94. Post the details.
      Only the time spent in H1 status (as per I-94) counts against 6 years.
      This is my opinion and not legal advice.

      Comment


      • #4
        Kabkaba, when you say "Only the time spent in H1 status (as per I-94) counts against 6 years.", are you referring specific to Steven's case?

        In general, I think the period that you spent in USA on L1 or H1 visa counts against 6 years. Is that right?

        Thanks

        Comment


        • #5
          That is correct L1 and H1 counts against 6 years. I meant time in F1, B1 etc. or time outside the US does not count.
          This is my opinion and not legal advice.

          Comment

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