Do I have still have 365+ days left on my H1B or not?

K

kcny13

New Member
My first ever H1B visa/status was valid from 7/14/2003. Since then I was on H1B with three different employers until 4/10/2008, when I was laid off and I immediately applied to Change of Status to F2 in early May, now recently approved on 7/17/2008.

HOW MUCH TIME DO I HAVE LEFT ON MY H1B (out of the six year limit)? Dont I have 365+ days left?

I thought I had used up 57 months, meaning I had 15 months remaining. July'07-April'08 is 57 months.

My new 'potential' employer now is claiming I have only 11 months left, and this may be a problem, even if filing for GC immediately as it is less than the 365days required.

How can I arrive to 11 months? I've asked them to double check. Could they be counting from April-2008 through August-2008 as accrued time?
If so, I stopped being on H1B status back in April. Is it not correct that I stopped being in H1 status immediately after job ends? Or what what my status between Apr'08 and July'08, while F2 COS was pending? It could not be H1B, right?

What else could be the problem?
THANK YOU - PLEASE ANY ADVISE HELPFUL!
 
Well, you have only 11 months left as your change of status application to F2 was approved only on July 17, 2008. However, you can recapture the days spend outside of the US to add to your H-1B time. This may work out ...
 
so the time in out of status counts towards H1 time? how come?
wouldnt I have 12 months at least, then?
is this for sure? I dont have any time to recapture unfortunately.
thanks.
 
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