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How long can i work with my H1B ?

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  • How long can i work with my H1B ?

    Hi Guys,
    I am on H1B. I got my H1B in 2004.This is my second trip to USA. First trip was sometime back in august 2006. I was there only for one month.This is my second trip and i have completed about 4 months so far.I did an extension of visa before coming to USA on 2nd trip, as my visa validity had expired. Now as per the visa i can stay only till august 2009.

    My query is this.I have totally stayed only for 5 months(1 first trip and 4 2nd trip now). So, can i work with my H1B for another 5 years and 7 months? Or does my time period end by august 2009 and i have to go back to my country and wait for one year and apply for new petition to be back in USA.

    Basicaly, my question is does my 6 year period start from the day i first entered USA or from the time i got my visa stamped in my passport the first time before i came to US. Can anyone please clarify my doubt?

  • #2
    H1 issues

    I am on H1B. I got my H1B in 2004.This is my second trip to USA. First trip was sometime back in august 2006. I was there only for one month.This is my second trip and i have completed about 4 months so far.I did an extension of visa before coming to USA on 2nd trip, as my visa validity had expired. Now as per the visa i can stay only till august 2009.

    My query is this.I have totally stayed only for 5 months(1 first trip and 4 2nd trip now). So, can i work with my H1B for another 5 years and 7 months? Or does my time period end by august 2009 and i have to go back to my country and wait for one year and apply for new petition to be back in USA.

    Basicaly, my question is does my 6 year period start from the day i first entered USA or from the time i got my visa stamped in my passport the first time before i came to US. Can anyone please clarify my doubt

    ---- The years you quote are mixed up and out of place. The 6 year period starts from the day the H1 approval notice (I-797) is valid. the validaity dates are clearly indicated on the H1. Later if you need adjustments for the periods you were not in the US can be done dependigin on your individual circumstances

    Subramanya

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    • #3
      you can actually count only the time spent in USA in that status, if you spent only 5 months ten rest can be captured by showing adequate documentation. if you spent more than 365 days abroad then the clocks starts at that point.

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      • #4
        Still not clear

        Hi,
        So do you mean, that since i have spent only 5 months so far,one month in 2006 and rest 4 in 2007, i still can work in US for another 4 years and 7 months?
        I have extended my h1b once. Now, as per the stamping in my passport it is valid only till 2009 august. So, i am not clear. Can i again get it extended again? If so, should i go back to my home country and get it extended or can i do it in US itself.

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        • #5
          Yes

          Yes, you can get it extended again.

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