H1-B visa extension beyond 6 years

[aadesh]

Hello,

My H1-B petition was filed in Jan 2003. I kept using the H1-B till March-2011 taking breaks in between.

Based on my entries (calculating the days through the immigration entry dates stamped on the passport), I still have approx 250 days left on this H1.

1. If I file for an H1 through the same petition, would I get 6 fresh years on the new petition?

2. If no, would I get the remaining days on the new petition?

3. If I get the 250 odd days on the new petition, would I be able to file for a GC through the employer immediately after I land in the US?

-thanks
Aadesh

[raghvi]

Hello,

My H1-B petition was filed in Jan 2003. I kept using the H1-B till March-2011 taking breaks in between.

Based on my entries (calculating the days through the immigration entry dates stamped on the passport), I still have approx 250 days left on this H1.

1. If I file for an H1 through the same petition, would I get 6 fresh years on the new petition?

2. If no, would I get the remaining days on the new petition?

3. If I get the 250 odd days on the new petition, would I be able to file for a GC through the employer immediately after I land in the US?

-thanks
Aadesh

1. No you would only get the remainder time.
2. Only the remainder time.
3. You need not land in US for file GC. If employer wants they can file GC even when you are not in US. 250 Days (if granted visa for that duration) may be cutting it close to get to a stage on the basis of which you can extend H1 beyond 6th Year.

This is my opinion not legal advice.

[aadesh]

Mr.Raghvi

1. No you would only get the remainder time.
2. Only the remainder time.
3. You need not land in US for file GC. If employer wants they can file GC even when you are not in US. 250 Days (if granted visa for that duration) may be cutting it close to get to a stage on the basis of which you can extend H1 beyond 6th Year.

This is my opinion not legal advice.

Thank you very much for your reply.