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H1B time reset

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  • H1B time reset

    Hi,
    I am on H1B visa. I entered US in Feb 2006 and went back to India on June 2007. Before going to India I filed for an visa extension in may 2007 and obtained extension until Nov 2009.
    I came back to USA in Oct 2008 on the same visa. I filed for another extension in Jul 2009 and obtained extension until mar 2012. I spent around 90 days out of USA as personal vacation. I switched company in Jul 2011 so as part of visa transfer I obtained extension of visa until Apr 2013.
    I switched another company in Jul 2012 and received a further extension of the visa until Dec 2014. Its been approved by USCIS.

    Now according to my calculation I should received extension until Sept 2013 because I would have maxed out my 6 years on this visa by sept 2013.
    I seen in my petition that Attorney wrote an statement saying my H1 term should be reset to start from Oct 2008 and since I was out of country for another 86 days I should be given extension until Dec 2014. Apparently USCIS agreed to that and provided extension.

    let me know if you see any issue with the visa extension. Can it cause any issue in obtaining a green card?

  • #2
    Your total stay in U.S in H1B (+L1) status cannot exceed 6 years. Unless you spend 1 continuous year outside U.S and file the H1B under a brand new H1B CAP, you are not eligible for a fresh 6 year period. You do the rest of the math.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      H1B time reset

      I mentioned in earlier thread I did not apply for a fresh H1B cap in year 2007. But USCIS approved the extension till Dec 2014 thereby considering fresh start in Oct 2008 and not considering 1.3 years of my US stay on the same visa in year 2006-2007.
      Do you think it is done in error? If yes, what should my next step?

      Comment


      • #4
        It is an error on USCIS's part. I would suggest you to consult an immigration attorney.

        Originally posted by abhishekranjan View Post
        I mentioned in earlier thread I did not apply for a fresh H1B cap in year 2007. But USCIS approved the extension till Dec 2014 thereby considering fresh start in Oct 2008 and not considering 1.3 years of my US stay on the same visa in year 2006-2007.
        Do you think it is done in error? If yes, what should my next step?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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