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7th year H1 extension with pending AAO

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  • 7th year H1 extension with pending AAO

    Entered into USA on H1: 06/2001
    Change of Status to F1: 12/2001
    Change of Status to H1: 10/2004

    Labor Filed Substitution: 07/2007
    Appeal: 11/2009 in process

    I calculated my time in USA excluding time spent outside the country and my 6 years will end in June 2010. When my employer renewed H1 back in 2008 he simply claimed for 3 years and USCIS approved till 03/2011. But I read somewhere online that we have to calculate our time spent in the country and should not go by the date that is on our H1.

    1. Does the change of status from H1 to F1 reset the H1 time period or do we have to consider that time
    period while calculating the 6 years
    2. As my application (AAO) is pending I heard I will get a one year extension. The question I have is can I
    stay on my current H1 till 03/2011 or do I have to renew my H1?

    Thanks

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