gc_confused
Registered Users (C)
Confusion regarding 6 year limit and visa approval beyond 6 year limit.
I need some information regarding my situation:
I came to US on Initial H1 through Company A, Ultimately I used a total of X years working for the company after which went out of US to home country to get my F1 (This was not just stamping, I actually went for F1, it was not a transfer from H1 to F1) and returned within a few weeks for my school term.
Worked with Company B on OPT for 1 year after studies. Company B gets H1 after OPT expire. Company B applies for extension which is beyond 6 years, and is approved by INS. So the current H1 approval and visa stamp is more than 6 years. However as per my understanding, 6 years-limit reached later this year: X years of initial H1 + Y years on current job, with the F1 and OPT in between them
My lawyer says I am fine with the approved date, but I think otherwise.
What is the bottomline? Am I supposed to leave at the end of 6 years + some recaptured time for time spent out of US or can I stay until the date approved and then stamped, because INS approved the extra time? Ofcourse the lawyer applied for 3 years. Also what is the procedure to recapture time?
Also, as I understand I should be able to recapture the time spent out of US in the last 6 years on H1, now since the visa is already beyond that, do we still need to apply for the recapture?
This needs resolution soon so I can plan accordingly.
Thanks a lot guys.
I need some information regarding my situation:
I came to US on Initial H1 through Company A, Ultimately I used a total of X years working for the company after which went out of US to home country to get my F1 (This was not just stamping, I actually went for F1, it was not a transfer from H1 to F1) and returned within a few weeks for my school term.
Worked with Company B on OPT for 1 year after studies. Company B gets H1 after OPT expire. Company B applies for extension which is beyond 6 years, and is approved by INS. So the current H1 approval and visa stamp is more than 6 years. However as per my understanding, 6 years-limit reached later this year: X years of initial H1 + Y years on current job, with the F1 and OPT in between them
My lawyer says I am fine with the approved date, but I think otherwise.
What is the bottomline? Am I supposed to leave at the end of 6 years + some recaptured time for time spent out of US or can I stay until the date approved and then stamped, because INS approved the extra time? Ofcourse the lawyer applied for 3 years. Also what is the procedure to recapture time?
Also, as I understand I should be able to recapture the time spent out of US in the last 6 years on H1, now since the visa is already beyond that, do we still need to apply for the recapture?
This needs resolution soon so I can plan accordingly.
Thanks a lot guys.
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