H1b 6 years validity

[rach123]

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? 

 

[jairichi]

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.

[JoeF]

 

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.

[itsmeusa]

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...

[rach123]

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.

[jairichi]

 

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.

[itsmeusa]

You could file I-140 in premium right away and then file H-1b extension.

[rach123]

Thank you all for your replies !!