New H1B approved with just one year validity period

[anup2606]

My I-797 validity is from 04-APR-2013 to 01-APR-2016.
I got my visa stamped recently on 09-APR-2015. It got stamped till 01-APR-2016 for remaining 1 Year.
My questions.

While working in US

1) Can I Get the extension in Visa period with the same petition (I-797) for remaining 2 years up to 01-APR-2018?
2) When Can I apply and what process would I need to follow to get the extension done ?
3) Do I need to go for visa stamping once again ?

Would appreciate your quick reply.

Thanks,
Anup

[raghvi]

My I-797 validity is from 04-APR-2013 to 01-APR-2016.
I got my visa stamped recently on 09-APR-2015. It got stamped till 01-APR-2016 for remaining 1 Year.
My questions.

While working in US

1) Can I Get the extension in Visa period with the same petition (I-797) for remaining 2 years up to 01-APR-2018?
2) When Can I apply and what process would I need to follow to get the extension done ?
3) Do I need to go for visa stamping once again ?

Would appreciate your quick reply.

Thanks,
Anup

1. Your current I797 is valid only till 2016, in order to get a new I797 with dates upto 2018, a new I129 would have to be applied to USCIS.
2. Within 6 Months of current expiry , as it is expires April 2016, the earliest you can apply for extension is Nov 2015.
3. If in US not necessary, if outside US on or after April 2016, then yes.

This is my opinion not legal advice.

[anup2606]

Dear Raghvi,

Thanks for your prompt reply.

Just another question in line with my previous question # 1.

In order to get the extension on I-129 for remaining two years, there would not be any legal/technical challenge ? Is it just a standard process, and people generally gets these extensions without any challenges ?

Reason to ask you this question, because I don't want to return back just after working "ONLY" for 1 year. Hope, You understand my concern.

Awaiting your reply.

Thanks in advance,

Anup

[raghvi]

Dear Raghvi,

Thanks for your prompt reply.

Just another question in line with my previous question # 1.

In order to get the extension on I-129 for remaining two years, there would not be any legal/technical challenge ? Is it just a standard process, and people generally gets these extensions without any challenges ?

Reason to ask you this question, because I don't want to return back just after working "ONLY" for 1 year. Hope, You understand my concern.

Awaiting your reply.

Thanks in advance,

Anup

If your employer has work for you for the additional 2 Years and even beyond, and they can prove it, then yes an extension is possible.

This is my opinion not legal advice.

[anup2606]

H1+L1 Clock Reset

Dear Raghvi,

Would appreciate, If you could throw some light on following queries.

1) US Entry - JAN-2013 Exit- Jun-2013 - 4 months - on H1B Visa
2) US Entry - FEB 2006 Exit - Jan 2009 - 3 years - On L1B Visa
3) US Entry - OCT 2009 Exit - FEB 2010 - 5 months - on L1A Visa

Total Stay in US on H1+L1 is 3.8 Years.

Now I have renewed my old H1B. I-797 and I-129 duration is from 04-APR-2013 to 01-APR-2016.

Went for Visa stamping dated 09-APR-2015. Visa got stamped till 01-APR-2016.

Question -

1) Can I stay on this renewed petition for 6 years period ?
2) If Not, How much time would I be able to stay on renewed petition ?

Would appreciate quick response.

Thanks,
Anup

[raghvi]

You havent put the entry and exit in a chronological order. If the H1 in 2013 was a fresh one, and there was one Year gap between you leaving in Feb 2010 and applying the H1 petition, then I believe your clock would have already got reset and the previous L1 stay would not be included.

This is my opinion not legal advice.

[anup2606]

Dear Raghvi,

My Mistake,

Please read it as follows.

Would appreciate, If you could throw some light on following queries.

1) US Entry - JAN-2003 Exit- Jun-2003 - 4 months - on H1B Visa
2) US Entry - FEB 2006 Exit - Jan 2009 - 3 years - On L1B Visa
3) US Entry - OCT 2009 Exit - FEB 2010 - 5 months - on L1A Visa

Total Stay in US on H1+L1 is 3.8 Years.

Now I have "RENEWED" [/B]my old H1B. I-797 and I-129 duration is from 04-APR-2013 to 01-APR-2016.

Went for Visa stamping dated 09-APR-2015. Visa got stamped till 01-APR-2016.

Questions -

1) Can I stay on this renewed petition for 6 years period ?
2) If Not, How much time would I be able to stay on renewed petition ?

Would appreciate quick response.

Thanks,
Anup

[raghvi]

Dear Raghvi,

My Mistake,

Please read it as follows.

Would appreciate, If you could throw some light on following queries.

1) US Entry - JAN-2003 Exit- Jun-2003 - 4 months - on H1B Visa
2) US Entry - FEB 2006 Exit - Jan 2009 - 3 years - On L1B Visa
3) US Entry - OCT 2009 Exit - FEB 2010 - 5 months - on L1A Visa

Total Stay in US on H1+L1 is 3.8 Years.

Now I have "RENEWED" [/B]my old H1B. I-797 and I-129 duration is from 04-APR-2013 to 01-APR-2016.

Went for Visa stamping dated 09-APR-2015. Visa got stamped till 01-APR-2016.

Questions -

1) Can I stay on this renewed petition for 6 years period ?
2) If Not, How much time would I be able to stay on renewed petition ?

Would appreciate quick response.

Thanks,
Anup

As you used a previous H1, all previous stays would be added so if you total stay was 3.8 Years, you can probably try to stay for another 2.4 Years.

This is my opinion not legal advice.