How many years more for H!B extension

[Jeevan Prasad]

Dear Experts,

I got my H1B in 2007. In 2012, i transferred H1 to another employer.

Below are my stay in US.

Feb 2008 to Sept 2008 (8 months)
Oct 2009 to Oct 2009 (1 month)
Feb 2010 to Mar 2011 (1 yr and 1 mon)
July 2011 to valid till Aug 2014 (3 years 1 mon)

As you can see, i was not in US from Sept 25th 2008 to Oct 4th 2009.

How many more months i will get extension after Aug 2014? How is this calculated? Is there any official link that explains this for H1 visa?

Thanks for your help,
Jeevan

[raghvi]

Dear Experts,

I got my H1B in 2007. In 2012, i transferred H1 to another employer.

Below are my stay in US.

Feb 2008 to Sept 2008 (8 months)
Oct 2009 to Oct 2009 (1 month)
Feb 2010 to Mar 2011 (1 yr and 1 mon)
July 2011 to valid till Aug 2014 (3 years 1 mon)

As you can see, i was not in US from Sept 25th 2008 to Oct 4th 2009.

How many more months i will get extension after Aug 2014? How is this calculated? Is there any official link that explains this for H1 visa?

Thanks for your help,
Jeevan

Did you use the same h1 cap throughout? It appear yes. Did you apply in new Cap After 25th Sep 2008 or used the already Cap counted H1 in Oct 2009?

If yes, 6 Years minus time already spent in US in Aug 2014. Appears your 6 Years will complete in Aug 2014 so might not get any extension (unless GC has been filed prior to Aug 2013 or you expect I140 to be approved before Aug 2014)

This is my opinion not legal advice.

[Jeevan Prasad]

Did you use the same h1 cap throughout? It appear yes. Did you apply in new Cap After 25th Sep 2008 or used the already Cap counted H1 in Oct 2009?

If yes, 6 Years minus time already spent in US in Aug 2014. Appears your 6 Years will complete in Aug 2014 so might not get any extension (unless GC has been filed prior to Aug 2013 or you expect I140 to be approved before Aug 2014)

This is my opinion not legal advice.

Not sure what cap is but it is one visa through out (with extensions).

If its 6 years minus time spent in US, my total time spent in US till Aug 2014 will be 4 years and 11 months only. (8 mon + 1 mon + 1 yr 1 mon + 3 yr 1 mon = 4 years 11 months)
So i should get another 1 year and 1 month extension.

Or i heard the 6 yrs clock gets reset if you are out of US for more than one year. I was out of US from Sept last week 2008 to Oct first week 2009.
If this is true, my stay from oct 2009 will be 4 years and 3 months (1 mon + 1 yr 1 mon + 3 yr 1 mon = 4 years 3 months)
So i should get another 1 year and 9 month extension.

Please let me know if i am wrong.
Will i get extension? if yes, is it for 1 yr 1 mon or 1 yr 9 mon? if no, why?

Thank you in advance.

[raghvi]

Not sure what cap is but it is one visa through out (with extensions).

If its 6 years minus time spent in US, my total time spent in US till Aug 2014 will be 4 years and 11 months only. (8 mon + 1 mon + 1 yr 1 mon + 3 yr 1 mon = 4 years 11 months)

So i should get another 1 year and 1 month extension right?

Well if you have spent 4 Years 11 Months in US then yes you can get 1 year 1 Month extension.

This is my opinion not legal advice.