H1b visa duration

[2735]

Hi,

I got my h1b approved in December 2010 starting from January 2011 to December 2013. After couple of months, I went India for family occasion and obviously h1b stamping also. Then I stuck in India for 4 months under 221g case. So that time I was out of USA.

My question is that would this time also count in h1b duration or not ? If not then what is the procedure to get this period after you finish your h1b regular period.


Do anybody have any thoughts on this ? Please share with me or advise me?

Thanks in advance !

Kal.

[shervin143]

Only the time spend in U.S in H1B + L1 status counts towards the 6 year period. You can reclaim any period stayed outside U.S by providing copies of the entry/exit records in the passport, copies of I-94 cards, copies of flight tickets, boarding etc. These will help prove that you were actually outside U.S during that timeframe.

[2735]

Hi Shervin

Thanks for your advise !

Please let me know if you know any forms number or anything.

Best regards,
Kal.

[shervin143]

What form numbers are you asking about?

Hi Shervin

Thanks for your advise !

Please let me know if you know any forms number or anything.

Best regards,
Kal.

[2735]

Hi Shervin,

The form which you can use to reclaim the time duration ?

Regards,

[gkr747]

sharing my experience here, I was in India for 2 months as well during my 6 yr period of H1..I have reclaimed those 2 months...I did not fill in any forms...I just gave my travelled itenerary confirming the dates I left US and returned to US along with the pages in my PP which had the immigration stamps for those dates stamped in India and USA to my employer and lawyer..they took care of the rest during the filing of my H1 extension.

I do not think there are any forms as such from our side( atleast I did not)..you just talk to your employer/lawyer and they should tell you what are needed from you to get it done.

I will leave it for Shrevin for his view.

[shervin143]

There is no such special form. When the employer files the H1B petition (form I-129), then will request for specific duration of petition validity. If you have already completed 6 years, then they will need to attach the documents that I have mentioned in my previous reply to reclaim the time spend outside U.S. So keep those records for future use.

Hi Shervin,

The form which you can use to reclaim the time duration ?

Regards,

[2735]

Thanks guys !

Regards,
Kal.