H1B Validity/Extensions

[sonali_b_23]

Hi -

I first came to USA on H1B in April 1999 and left the country in about 75 days (on 25th June 1999).

Later on (While I was in India), I got another H1B approved (totally new one, not a transfer case) and landed back in USA
on 10th May 2000 .

I didn't stay out of USA for one full year between June 1999
and May 2000.

My question is, How my case will be counted for 6 year H1 period.
Will my H1 gets extended until 09th May 2006 (ofcourse my employer will file for extension) OR only upto April 2005.

I am bit confused on this. I appreciate if some one clarify me on this.

I won't get 7th year extension as my employer is not going to file Green card for me. So extension beyond 6 years is ruled out.


Thanks in advance.

[jaxen]

All H1s are approved for whatever amount of period you request for (1 to 3 year). BCIS will not count the 6 years. However if you want to get the time between June 99 to may 2000, all you have to do is submit a new h1 extension after 6year from Apl 99 with documented proof and then ask for a 10 month extension.

You are eligible to get H1 upto mar 2006 (may 2006 minus 2 months you worked in 1999), but you have to apply for it in a special way. If the current extension was requested till June 2006, it is better if you attach proof of your out of US time and request extension till Mar 2006.

[sonali_b_23]

............all you have to do is submit a new h1 extension after 6year from Apl 99 with documented proof and then ask for a 10 month extension.

My curent H1 is valid until July 2004. Does the above mean I have
to get extension first to April 2005 and then again file for another extension of 10 Months to stay till March 2006 ?

[rkk2000]

No You don't have to file for extension twice.

When you file for your extension in July 2004 submit the copies of your passport indicating you were out of the country for 10 months and your H1 will extended upto march 2006

Good Luck!

[ever_fre]

Will the passport copy be sufficient enough to prove that person is out of USA for a particular time? Anyone applied for six years H1B after one year of exile, please share your experiences.
Thanks in advance
Ever_fre