Visa Validity

[sachih1]

Guys,

I have couple of questions, not sure if I can merge it in one thread

1) I have a H1 visa, valid till Oct 2011, and only 7 months left now. If I travel to US on that visa, will my extension has any problem, since I heard its like 3 yrs + 1 + 1+ 1 and my 2+ yrs has already been wasted.

2) I have 2 H1 visa, one I got it stamped from my prev company and 1 I filed it on my own during 2008. Luckily I got both in the lottery. I got my H1 visa from my prev company, but later I left that company and they have cancelled my H1. Now I only have the i797 from where I filed it on my own, which is still valid till Oct 2011.

So will there be any problem? Because the stamped visa has been cancelled (Not sure, but generally when you leave the company, they take all the details and submit cancellation)

So could you please answer both of my question.

Thank you in advance!

[txh1b]

Only period inside the US on H status is counted. Rest of your post is confusing and I did not get your concerns based on the clarity of your posting.

[kabkaba]

Petition, Visa and Status are three different things.
Your employer canceled (revoked) the petition.
Since another employer has an approved and not revoked petition, you can use that to enter the US along with your existing Visa as long as Visa and petition remain valid. But remember if you are going to be working in a consulting scenario, your employer will need to send you documentation that the job still exists for you even after 2+ years. You may be asked for things like client letter at the port of entry.
Only the time spent in the US in H1 or L1 status counts towards 6 year limit.

[sachih1]

Thanks guys.

So essentially, with a valid i797 and the visa I can enter the US.

My other question was, now that 2+ years is gone out of 3 years visa, what will happen to my H1 after Oct 2011. Obviously I'll have to file for an extension, will that be only for a year then? or it would be 3 year visa again, as I have not used the complete 3 years in it.

Also, just deviating from the original thread, is the job market doing better?

Thanks again

[shervin143]

H1B in total is for 6 years. Only the time spend in U.S on H1B status counts against that 6 year period. Until your reach the 6 years, your employer can keep filing the extension.
Extension beyond 6th year is possible only if the labor (GC) is filed 365 days before the end of the 6th year.
Hope you can do the rest of the math.

Thanks guys.

So essentially, with a valid i797 and the visa I can enter the US.

My other question was, now that 2+ years is gone out of 3 years visa, what will happen to my H1 after Oct 2011. Obviously I'll have to file for an extension, will that be only for a year then? or it would be 3 year visa again, as I have not used the complete 3 years in it.

Also, just deviating from the original thread, is the job market doing better?

Thanks again