New H1B approved with just one year validity period

[kabkaba]

Maximum time spent in the US in H1 (and L1) status is 6 years in total. Any number of petitions can be filed until this limit is reached.

[askhelp]

h1b Extension

Hi ,

I would like to know if the maximum period approved in H1b extension depends on your previous allowable period in your earlier h1B.

eg; I am in india now and my employer has filed a new h1 with USCIS. it is approved but for a period of only one year. now after one year when my employer files for my h1b extension what is the likely period that I would be granted. will I be given a extension of only 1 year or will it be given for 3 years.

Can some one help me out with this.

[john_noble]

Thanks for your replies. Feeling better now

[kabkaba]

Thanks for your reply. I have couple of more questions.



But if I travel outside of US after this one year, I need to have new visa stamping when I come back to US. Is that correct?
Yes, you will need a new Visa


What happens to my I-94 in this case, will it also get adjusted by USICS according to new validity period?

Everytime any extension or change of status is approved, you get a new I-94 with the approval notice.

See above.

[rvisak]

If you travel outside of US after 1 yr (with an approved extension) then you will have to get another stamping done for a re-enter.

Also you will get a new I-94 when your extension comes through.

Don't worry too much about the 1 yr validity - nowadays in a bid to ensure petition approval employers dont always file the expected employment in US for 3 years

[john_noble]

Thanks for your reply. I have couple of more questions.

2. Should I again go for visa stamping & interview, if the company (same employer or some other employer) files for extension after this one year validity?

Not needed. Petition can be filed as extension of status and you can continue staying in the US as long as petition is valid.

But if I travel outside of US after this one year, I need to have new visa stamping when I come back to US. Is that correct?

4. If I find a new employer before expiry of this one year validity, can they sponsor my H1B beyond this one year period?

Another employer can file at any time until you spend 6 years in the US in H1 status.

What happens to my I-94 in this case, will it also get adjusted by USICS according to new validity period?

[kabkaba]

Hi,

My employer filed my new H1B (This is my first H1B, I'm not in US now). It got approved and in the approval notice the validity period stated is just one year.

What are the drawbacks because of this one year validity?

Your employer will have to file again after 1 year.

1. In visa stamping, for how many years I'll get visa; one year or three years?
one year

2. Should I again go for visa stamping & interview, if the company (same employer or some other employer) files for extension after this one year validity?
Not needed. Petition can be filed as extension of status and you can continue staying in the US as long as petition is valid.
3. Should I exit and reenter US after this validity period?
Not needed.
4. If I find a new employer before expiry of this one year validity, can they sponsor my H1B beyond this one year period?
Another employer can file at any time until you spend 6 years in the US in H1 status.
Thanks.

See above.

[john_noble]

Hi,

My employer filed my new H1B (This is my first H1B, I'm not in US now). It got approved and in the approval notice the validity period stated is just one year.

What are the drawbacks because of this one year validity?

1. In visa stamping, for how many years I'll get visa; one year or three years?

2. Should I again go for visa stamping & interview, if the company (same employer or some other employer) files for extension after this one year validity?

3. Should I exit and reenter US after this validity period?

4. If I find a new employer before expiry of this one year validity, can they sponsor my H1B beyond this one year period?

Thanks.