H1 B second extension

[gkost]

My wife's second H1 B visa expires September 30, 2006. For some reason her first H1 B was 6 months short of 3 years, i.e. on September 30 she would have been 5 years and 6 months in this status.
Can her company apply for 6-month extension to make it up to full 6 years?
Thanks!

[Subramanya]

My wife's second H1 B visa expires September 30, 2006. For some reason her first H1 B was 6 months short of 3 years, i.e. on September 30 she would have been 5 years and 6 months in this status.
Can her company apply for 6-month extension to make it up to full 6 years?

---- If your H1 has been given for a period of 2 years and 6 months that means the employer only applied for H1 for only that period. Check your filing documents (I-129 and LCA).

---- The only circumstances where one can apply for an extension is when the person is out of the country for a longer period (3 months or more) then they can recapture that period while applying for the next extension providing the necessary proof and evidence of having been out of the country. This can apply even when a person joins late (after 3 months) form the start date mentioned in I-797

---- Consulting your lawyer would be the best bet

Subramanya

[gkost]

H1B second extension

The company applied for 3 years but the approval notice (I797) says valid from 03/13/2001 to 10/01/2003, instead of 03/13/2004.
Is there something like "visa recover" ?
Thanks,
George

[Subramanya]

The company applied for 3 years but the approval notice (I797) says valid from 03/13/2001 to 10/01/2003, instead of 03/13/2004.
Is there something like "visa recover" ?

---- If the dates shown in your approval notice are as above, check for dates on the I-129 and ETA9035. If the dates differ then you can have case to argue and present it to the USCIS for recapture or recovery

The company applied for 3 years (what does that mean), they have to provide exact dates of employment on the forms

Subramanya