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H1B Visa Duration Calculation

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  • H1B Visa Duration Calculation

    Hi All,

    I entered US on H1B in May 2007. Currently I am planning to apply GC and also my H1B extension. I have some questions regarding the H1B duration. During May 2007 to till date I was out of US for nearly 6 months and my visa is getting expired in Jan 2013. Some of my friends told me that, the time I was out of US will not be calculated as part of my US stay. SO I will get one more year of extension after Jan 2013.

    Total Duration - May 2007 - May 2012 = 5 years.
    Out of US stay = 6 months.

    Total US stay = 5 years - 6 Months = 4 Years 6 Months.

    Time left in completing 6 years of H1B quota = 6 Years - 4 years 6 Months = 1 year 6 Months.

    Am I doing the correct math? If not please, do let me know whats the correct method of calculating the period of stay in US.

    Thanks in advance.

  • #2
    Only the time spend in U.S in H1B + L1 status will be counted towards the H1B 6 year period. Anytime spend outside U.S can be recaptured if you provide proper documents while filing the extension (Like, entry/exit records in the passport, copies of I-94 cards, Flight tickets, boarding passes etc) to prove that you were indeed outside U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

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