rach123 Posted September 9, 2014 Report Share Posted September 9, 2014 Hello My H1 started at October 2008 I got it approved till Oct 2011 (3 years ) Again at 2011 Oct I applied for extension I got it till Oct 2012( as it was employer change )(1 year) 2012 October I applied for extension and got it till 2015 Oct(3 years) My H1 6 years period ends at 2014 (2008 - 2014) but I got 1 more year extra so will it be a problem? Link to comment
jairichi Posted September 9, 2014 Report Share Posted September 9, 2014 If you have stayed in US on H1B status for 6 years then you have to exit US or change into another status irrespective of extra years of validity in your visa or I797. Link to comment
JoeF Posted September 9, 2014 Report Share Posted September 9, 2014 Hello My H1 started at October 2008 I got it approved till Oct 2011 (3 years ) Again at 2011 Oct I applied for extension I got it till Oct 2012( as it was employer change )(1 year) 2012 October I applied for extension and got it till 2015 Oct(3 years) My H1 6 years period ends at 2014 (2008 - 2014) but I got 1 more year extra so will it be a problem? USCIS sometimes makes mistakes. Do NOT try to benefit from that. They will eventually realize their mistake, and if you stay past the 6 years, you would end up being illegal. Link to comment
itsmeusa Posted September 9, 2014 Report Share Posted September 9, 2014 I happened in my case, USCIS approved me about 1.5 years beyond my 6 year validity period. As you know, the onus lies with us to stick to the law, we filed my H1b petition extension beyond 6 years in time with the help of approved I-140. In the cover letter, lawyer mentioned this fact and the mistake USCIS did granting 1.5 yrs beyond 6 year validity last time. After that, I never faced any issues...So it's up to us to make sure that we are filing H1b extension, amendments etc. on time... Link to comment
rach123 Posted September 9, 2014 Author Report Share Posted September 9, 2014 Thanks for your reply In this whole 6 years H1b period i was in US for 5 years 5 months till date ( i was in india about 7 months cumulative) so do i need to renew my H1 this october? I have my labor approved. Link to comment
jairichi Posted September 10, 2014 Report Share Posted September 10, 2014 Thanks for your reply In this whole 6 years H1b period i was in US for 5 years 5 months till date ( i was in india about 7 months cumulative) so do i need to renew my H1 this october? I have my labor approved. You can recapture those 7 months. Unfortunately an approved labor cannot give you extensions beyond 6 years on H1B. Link to comment
itsmeusa Posted September 10, 2014 Report Share Posted September 10, 2014 You could file I-140 in premium right away and then file H-1b extension. Link to comment
rach123 Posted September 11, 2014 Author Report Share Posted September 11, 2014 Thank you all for your replies !! Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.