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  • COS from H4-H1B

    Hello,
    Below is my scenario, please clarify:

    Applied H1B from India - In 2008
    H1B approved without I-94 card and Valid from Oct-2008 to Sep-2011
    Came USA on H4 as dependent.

    If i apply COS now from H4-H1B:
    1.Will my H1B valid only until Sep-2011 (or)
    2.H1B will be valid from Nov-2010 to Nov-2013 ?? (from today to 3 years)

    Please clarify? Thank you.

    -Bhavani.

  • #2
    H1B validity will be based on the project itenary provided by your employer. If your employer can show work only for 1 year, then you will get the COS approved only for 1 year. However H1B in total is for 6 years. So your employer (or any other employer for that matter) can keep applying for extension until it reaches 6 years on that CAP.
    Not a legal advice. Use of this information is strictly at your own risk.

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