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  • Re My H1B

    Friends ..
    Am Raj here from CA . I had done my H1b Filing in 2004 and my petition was under query for almost 2 and half years in Chennai consulate . Its cleared in Feb 2007 , I came over to US in June 2007 and applied for extension , I got the extension till Sep 2010 . My question is what will be my status after Sep2010 , Can I apply for one more extension or Do I need to apply New H1B .. Please help me in this . one of my friend has said that for each H1b petition is valid only for 6 years ,so according to him I can not extend my second term , He said I need to apply for a new petition ..Please help me , in case if any one come across this type of situation

  • #2
    Originally posted by HiBujji
    Friends ..
    Am Raj here from CA . I had done my H1b Filing in 2004 and my petition was under query for almost 2 and half years in Chennai consulate . Its cleared in Feb 2007 , I came over to US in June 2007 and applied for extension , I got the extension till Sep 2010 . My question is what will be my status after Sep2010 , Can I apply for one more extension or Do I need to apply New H1B .. Please help me in this . one of my friend has said that for each H1b petition is valid only for 6 years ,so according to him I can not extend my second term , He said I need to apply for a new petition ..Please help me , in case if any one come across this type of situation
    You can work on H1 status for 6 years. The time you spend outside the U.S., including vacation time, can be recaptured. The burdon of proof rests upon you to prove that you have remaining time, though.

    In Sept 2010, you will need to apply for an extension for the remaining time you will have then (roughly 2 years and 9 months from my calculation). There are extensions possible beyond this period assuming you will start your GC process soon.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Originally posted by HiBujji
      one of my friend has said that for each H1b petition is valid only for 6 years ,so according to him I can not extend my second term , He said I need to apply for a new petition ..Please help me , in case if any one come across this type of situation
      Your friend is totally a novice to immigration matters and don't follow his words. You can extend the H1b until 6 years and more provided you have the GC started before the 5th year. Time spent outside US on vacations etc can also be recaptured.

      New H1b is given only if you spent 1 year outside the US.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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