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H1B 6years validity

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  • H1B 6years validity

    Currently, I am in 2nd H1B term. I need help to understand till which month of 2013 I have valid H1B so that I can plan for applying Green card.
    1st term H1B :- Oct-2007 to May-2010
    Date of entry in Us:- Dec-2007
    In April 2010, I changed my employer and applied for H1B transfer and it got approved for below period.
    In between in Jan 2010 I went to India for 3 weeks.
    2nd H1B term after extension :- May 2010 to April-14 2013.
    As per my understanding my H1 is valid for 6 years.

    So please help me understand when exactly my H1 will expire.
    Now I am planning to transfer my H1 to a new employer and if I do will which month of 2013 I will give extension.
    And how quickly I need to start my green card processing so that there will no issues for next H1 extension.
    Kindly please advise, so that I don't delay my green card processing.

  • #2
    One H1B CAP is valid for 6 years. Only the time spend in U.S in H1B + L1 status will count towards the 6 year period. You can recapture the time spend outside U.S by providing proper entry exit documents (Flight tickets, entries in passport etc). So you do the math.

    The PERM (1st stage in GC) should have been filed 365 days before the CAP end (completion of 6 years in H1B) to get the 7th year extension or both PERM and I-140 should be approved before the end of the 6th year.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3