Doubt on H1B Extension

[kishorekumar]

Hi,

I need your valuable inputs to clarify my doubt about my H1B extension.

Company A had processed H1B for me in April 2008 for 2009 qouta. I also got the visa stamped in OCT 2008. Due to recession I never traveled on that visa for the Company A.
Later I joined Company B and it had processed H1B in April 2012 under quota expempt using my expired H1B Approval notice of Company A. I got the visa stamped and traveled to US in April 2013.
My visa and I-94 is going to be expired in 30 Sept 2014.

My doubt is am I eligible to get my visa extension done can I stay in US for 6 years term i.e. from April 2013 to April 2019?
Or because my H1B is been filed using origial Approval notice I got in 2008 and I was originally counted for the 2009 quota am I eligible to stay only till Sept 2014(6yrs from OCT 2008)

Kindly clarify my doubt and I would really appreciate all your answers.

Thank you so much.

Regards,
Kishore

[Raj01]

You are allowed a total stay of 6 years in US, from the first day you enter US on H1B visa. It is not dependent on when your petition was approved.

Additionally the days you spend out of US after your First entry date into US can be recaptured

i.e - Case 1 - You entered US on Jan 1 2010, and did not leave US at all. Your 6 year limit will end on Dec 31 2015

Case 2 - You entered US on Jan 1 2010, then in between traveled outside US and your total duration of all days is 3 months, then your 6 year limit will end on March 31 2016.

Hopefully this answers your query.

I am not a legal expert, but tortured enough by the immigration laws and have a basic understanding of this process. Consult an attorney before making a final decision.

[raghvi]

Hi,

I need your valuable inputs to clarify my doubt about my H1B extension.

Company A had processed H1B for me in April 2008 for 2009 qouta. I also got the visa stamped in OCT 2008. Due to recession I never traveled on that visa for the Company A.
Later I joined Company B and it had processed H1B in April 2012 under quota expempt using my expired H1B Approval notice of Company A. I got the visa stamped and traveled to US in April 2013.
My visa and I-94 is going to be expired in 30 Sept 2014.

My doubt is am I eligible to get my visa extension done can I stay in US for 6 years term i.e. from April 2013 to April 2019?
Or because my H1B is been filed using origial Approval notice I got in 2008 and I was originally counted for the 2009 quota am I eligible to stay only till Sept 2014(6yrs from OCT 2008)

Kindly clarify my doubt and I would really appreciate all your answers.

Thank you so much.

Regards,
Kishore

Only time spent in US in H1 status is counted towards the 6 Year limitation so, yes, you should be able to extend in order to stay from April 2013 till April 2019, as long as you have an employer willing to sponsor you.

This is my opinion not legal advice.

[kishorekumar]

You are allowed a total stay of 6 years in US, from the first day you enter US on H1B visa. It is not dependent on when your petition was approved.

Additionally the days you spend out of US after your First entry date into US can be recaptured

i.e - Case 1 - You entered US on Jan 1 2010, and did not leave US at all. Your 6 year limit will end on Dec 31 2015

Case 2 - You entered US on Jan 1 2010, then in between traveled outside US and your total duration of all days is 3 months, then your 6 year limit will end on March 31 2016.

Hopefully this answers your query.

I am not a legal expert, but tortured enough by the immigration laws and have a basic understanding of this process. Consult an attorney before making a final decision.

Thank you so much for your valuable answer. It really helped me in understanding the situation I am in.

[kishorekumar]

Only time spent in US in H1 status is counted towards the 6 Year limitation so, yes, you should be able to extend in order to stay from April 2013 till April 2019, as long as you have an employer willing to sponsor you.

This is my opinion not legal advice.

Thanks you so much raghvi for answering my question.

[My221g]

I - 94 Issue

Gentlemen,

I have a valid H1B visa until Jul 31st 2014 and have an H1B extension approval until April 05th 2015.
My H1B extension has been filed on March 14th 2014 and same has been approved April 17th 2014. During my approval I visited India for a month vacation (March 21st 2014 to April 21st 2014). During my arrival I unaware my Visa extension has been approved. I have checked the status before started travel from India, it was still under process but technically approved. So at port of entry I got date to stay at USA until Jul, 31st, 2014. Through I-94 automated process.

Could you please analyze this scenario and let me know the possible options in USA to modify my I-94 dates.

Thanks in Advance.

[raghvi]

Gentlemen,

I have a valid H1B visa until Jul 31st 2014 and have an H1B extension approval until April 05th 2015.
My H1B extension has been filed on March 14th 2014 and same has been approved April 17th 2014. During my approval I visited India for a month vacation (March 21st 2014 to April 21st 2014). During my arrival I unaware my Visa extension has been approved. I have checked the status before started travel from India, it was still under process but technically approved. So at port of entry I got date to stay at USA until Jul, 31st, 2014. Through I-94 automated process.

Could you please analyze this scenario and let me know the possible options in USA to modify my I-94 dates.

Thanks in Advance.

When you say you got the H1 extension approved, didnt the extension approval notice I797 come with a new I-94 at the bottom of the I797? Whats the date on that I-94?

This is my opinion not legal advice.