Completed 5.6 Yrs on H1, But got Extn approved for another 2.4 Yrs

[ank1234]

Hi,

I am in a situation where I got my H1 extension for more than the expected limit. Hence looking for expert advise on this.

I have physicaly stayed in US for 5.6 Yrs on H1 ( Based on my Entry/Exit dates) & applied Extn for the remaining 5 months. But got my Extn approved for another 2.4 Yrs.

Pls Advise if my H1 Extn is valid or did USCIS does any mistake while granting Extn.

Note : I was out from us for 1 Yr ( Nov-08 till Dec-09). I have excluded this while calculating my physical stayed in US.

Somebody told me that the counter is reset to 6 years if you stay outside of USA for more than 1 year. Is it true, as it seems that USCIS calculated exactly 6 yrs from Dec-2009 while approving my Extension for another 2.4 Yrs.

Thanks.

[raghvi]

Hi,

I am in a situation where I got my H1 extension for more than the expected limit. Hence looking for expert advise on this.

I have physicaly stayed in US for 5.6 Yrs on H1 ( Based on my Entry/Exit dates) & applied Extn for the remaining 5 months. But got my Extn approved for another 2.4 Yrs.

Pls Advise if my H1 Extn is valid or did USCIS does any mistake while granting Extn.

Note : I was out from us for 1 Yr ( Nov-08 till Dec-09). I have excluded this while calculating my physical stayed in US.

Somebody told me that the counter is reset to 6 years if you stay outside of USA for more than 1 year. Is it true, as it seems that USCIS calculated exactly 6 yrs from Dec-2009 while approving my Extension for another 2.4 Yrs.

Thanks.

The 1 Year reset will happen only if you applied a fresh petition after staying outside US for 1 Year or more.

If you didnt apply for fresh petition after staying out for a Year its most likely that USCIS made a mistake. Dont try to benefit from a USCIS mistake, they will eventually find out and make you illegal retroactively. If in doubt seek guidance from a reputed attorney.

This is my opinion not legal advice.