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H1B validity (after been in home country for a year)

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  • H1B validity (after been in home country for a year)

    Hi,
    My question is regarding my H1B visa validity. I am giving all the information about my H1B before asking my question:

    First H1B: From 15th June 2003 to 30 Jun 2006 (3 years)
    First visit: From 13th Mar 2004 to 26th Jan 2005
    Sayed in home country (India): From 27th Jan 2005 to 13th March 2006 (Appoximately 13 month)

    H1B Extension: From Aug 2006 to May 2009 (almost 3 years)
    Second Visit: From 13th March till today

    My question: My present H1B will expire in May 2009, will I get a next extension? someone told me that, since I been in India for a complete year so my H1B is reset again. Is this correct?

    Please advice.
    Thanks a lot for your help.

  • #2
    It does not reset just because you stayed in India for more than a year. In order to get a brand new 6 yrs, you would have had to file a cap-subject H1 against a cap. You applied for an extension after using the H1 apprvoed in June 2003.



    In May 2009, you can apply for an extension to get the remaining H1 time that you will have left then.

    There are other extensions possible based on filing a Labor Certification 365 days before your 6 yr ends or having an approved I-140 before your 6 yr ends.
    Last edited by DMX17; 04-09-2008, 10:52 AM.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      So it mean that if I file extension I may get the remaining period, which is in my case
      6 - 4 (ie 1 year from first visit and 3 years from next) = 2 years extension

      am I understanding correctely?

      and again thanks for your precious advices here on this forum...
      Last edited by visitor08; 04-09-2008, 11:08 AM.

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      • #4
        [QUOTE=visitor08]

        am I understanding correctely?

        QUOTE]

        Yes. But if you want a new 6 year term, you need to have a new cap counted H1b after 1 year outside US, which I believe you did not as per your OP and just used the remainder option at that time.

        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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