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H1B Validity Calculation

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  • H1B Validity Calculation

    Team,

    I had applied for H1B in 2007, it got selected in the lottery and

    I went for stamping in June 2008 and subsequently entered US only in October

    2008.

    I am aware that H1B is valid for a total of 6 Yrs.

    I would like to know, since I reached US only in October 2008 -

    1.) Is the validity is considered from the day of entering US?
    October 2008 + 6 Yrs ==> September 2014

    OR

    2.) It is calculated from the day of getting stamped?

    June 2008 + 6 Yrs ==> May 2014.


    3.) It is calculated from the 2007 batch of getting stamped?

    October 2007 + 6 Yrs ==> September 2013.


    4.) When I apply for extension, Can I also claim for the vacation holidays

    (around 30 Days), that I spent outside US?

    Pls clarify.

    Thanks,
    Krishnan

  • #2
    total 6 years is calculated for your actual stay in us. days when you were out of us (like vacation..) will not be included in that 6 years.

    Comment


    • #3
      Only the time spent inside U.S in H1B (+ L1) status counts towards your 6 year period on a H1B CAP. You can recapture the time spent outside U.S if you have enough documentation proof like copies of all I-94's, entry exist records in the passport, boarding passes, flight tickets etc. It need to be documented and presented properly to USCIS to recapture the time spent outside U.S.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Thanks a Lot for your valid inputs !!!

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