H1B Visa Vailidity

[sashadpanther]

Hello,

I came in USA on April 25,2007. I worked until Oct 2008 and went to India on vacation for one month. Then again came back on Nov 2008. Since then I am in USA. My H1B was extended in Last Aug 2009 and now, I have end date of July, 12,2012 on my new I-94.

So how should I calculate my H1B validity? Will it be from April 25, 2007 less one month vacation or H1B I-797 approval? If yes, then why do I have July,12,2010 on I-94?

If I am calculating correctly then I have 30 months left on my visa, right?????

Thanks in advance.

Sasha

[shervin143]

It is the time that you have spent in U.S on H1B status.

[sashadpanther]

Thanks Shervin for your reply.

But I didn't quiet understand what you're referring to?

If i am calculating correctly from April 25,2007 then I have 30 months remaining on my visa including one month vacation time off. Right?

if yes, then why does my I-94 says July 12,2012? Is it normal?

Sasha

[shervin143]

When you are outside U.S, you hold no status. So only calculate the time that you spent in U.S working on H1B/L1. If you want to recapture the time spent outside U.S, then you can do that by providing proper proof to USCIS like flight tickets, entry exit records in the passport, I-94 copies while filing the extension. Usually the extension is given only till the project itenary provided by the employer. Extension of status can be filed any number of times until the 6 year limit is reached (Or PERM is filed 365 daysin advance). If you think that you have few more months left to be claimed in your current H1B CAP, then file for extension again with all the above listed documents when the current I-94 is about to expire.

Thanks Shervin for your reply.

But I didn't quiet understand what you're referring to?

If i am calculating correctly from April 25,2007 then I have 30 months remaining on my visa including one month vacation time off. Right?

if yes, then why does my I-94 says July 12,2012? Is it normal?

Sasha

[sashadpanther]

Thanks Shervin again for your reply.

So in short my H1B is valid from April 25,2007 to April 24,2013 plus one month of time off which in turn will give me another month to May 24,2013.

Please confirm. Your guidance is really important for me to make certain decisions.

Sasha

[shervin143]

That is correct.

Thanks Shervin again for your reply.

So in short my H1B is valid from April 25,2007 to April 24,2013 plus one month of time off which in turn will give me another month to May 24,2013.

Please confirm. Your guidance is really important for me to make certain decisions.

Sasha

[sashadpanther]

Thanks Shervin,

It was really helpful to me.

Sasha

[kabkaba]

I don't know if this was covered before, but your employer will need to file another extension before your current I-94 expires.