H1B - I94 date


srinu25

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Hi,

I have H1B stamped until Jun 30th 2012. I came to India on May 2011 and planning to return back to US on Jun 1st 2012.

While I am returning back to US is there a chance I94 stamp will go beyond Jun 30th 2012 because I stayed in india one year.

Note: now it is my 6th year of my H1B.

Thanks

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No, it won't. You only get the remainder of your 6 years.

To get a full new 6 years, your employer wold have to file an H1 under the quota, i.e., filing after April 1 for a start date of Oct. 1.

If you enter on your existing H1, you always only get the remainder of the time for that H1.

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Srinu25,

The only way in your case is to apply for H1 ext for the time period spend outside of country. But, you can't ask POE officer to stamp and year extra beyond your stamp in passport validity. They won't go with your H1 validity period on I797, they give you a grace of in between 30 days of your passport visa stamp. Also, you will not come for new H1 6yrs cycle spending out of country for 1 yr and entering on same visa back. In confusion, it may happened for some people earlier. But, now rules are changed alot and it won't be possible. So come earlier, If possible and apply for Labour and get it done for H1 extension. If not apply for new H1 for FY 2013 and come with new stamping.

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Srinu25,

The only way in your case is to apply for H1 ext for the time period spend outside of country. But, you can't ask POE officer to stamp and year extra beyond your stamp in passport validity. They won't go with your H1 validity period on I797, they give you a grace of in between 30 days of your passport visa stamp.

The grace period when the H1 expires is 10 days, not 30. That's in the law.

Also, you will not come for new H1 6yrs cycle spending out of country for 1 yr and entering on same visa back. In confusion, it may happened for some people earlier.

No, it has never happened. The rule hasn't changed since the 90ies.

It always has to be a new H1 subject to the quota after the one year abroad.

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