H1 behond 6 years limit

[GCIND]

I recently got my H1 approval from company B, the H1 approval is until 2004, however my 6 years limit on the H1 is finishing in Feb 2003, am i still good to work until 2004 because i have an approved H1 until then?

Look forward for any replies.....

[suomilainen]

Are you sure your six years is really up?

When you are out of the country during your six years (say, you go home abroad for two months at a time, three times), you can reclaim those months that you were not in the U.S.

When an H petition is filed, the INS asks for periods of stay in the US, and then figures from there. They don't go strictly by the calendar.

So, in the situation above, maybe you started working in February of 1996. You spent six months of vacation during that time outside of the US. A smart lawyer would file you extension so that you were given those six months back at the end of your H time. So you would really have until August of 2002 left on your H visa.