h1b extension - a question to attorney22

[nandac]

a h1b validity is for total 6 years. first they will issue for 3 years. then extension for another 3 years.

i had a new h1b in april 2005. then h1b extension was filed in may 2008.

but i had come back to india in november 2006. and returned only in jan 2008. and again returned to india in may 2009. after which i have not gone back to the usa.

so of the first h1b, whose validity is between april 2005 and april 2008, of the 36 months total i had used only 23 months (april 2005 to november 2006. again jan 2008 to april 2008).

of the h1b extension, i had used only 12 months (may 2008 to may 2009).

so will i be able to avail of the 11 months balance in the first h1b and also the 24 months balance in the h1b extension?

the below government document seems to say i can avail of the unused period :

http://www.uscis.gov...ofadm120506.pdf

appreciate the feedback.

[wiweq]

Yes you can avail those days, give those enter/ exit details from your passport to your attorney while doing last H1b extension.

[nandac]

can i have a response on this from attorney22 please?

thanks.

[wiweq]

"can i have a response on this from attorney22 please?"

attorney22 only replies as per his/ her wish. You need to pay them if you want their reply at your request.

[pontevecchio]

It would be ethical to make an appointment and then discuss the matter with Attorney 22.

[nandac]

_{one thing i forgot to mention was that my company cancelled my h1b when i left the usa in 2009. so would that affect the extension according to you guys?}

_{yea, if i know there is a chance then i don't mind scheduling/paying for the advice.}

[pontevecchio]

You can claim the remainder of 6years minus actual time you were in H1 status. Revocation of a previous H1 is immaterial.

[nandac]

my company checked with two different lawyers and they said since i have been out of the country for 3 years now, i cannot avail of the remainder time.

likewise a senior immigration lawyer in washington dc said the same.

my wife herself is a lawyer (though not immigration) and she is checking with another friend who specializes in immigration. but we don't have too much hope on this.