H-1 to F-1 to H-1 extension issue

S

sushdigs

New Member
I came to the US for the first time in January 2000 on H-1 for a company A. I stayed in the US for 9 months then went back to India and changed my visa status to F-1. I came to the US in Jan 2001 on F-1 visa. Then got my EAD after completing masters and started to work for a company B upto Dec 2004, when the company sponsored my H-1 in Dec 2004. I am working for the company B till date, my current H-1 visa is expiring in Dec 2007. Will I get an extension on H-1 after Dec 2007? And for what duration? If I can not get an extension, what would are my options? Please help!

Thanks you
 
Your remaining time is 6 - (the period you spent with H1 in the US).
Each extension can not exceed 3 years.
 
So does that mean that only 9 months of my first H-1b period would be used against the 6 years limit even though I had a stamp for 3 years?
 
Yes, I am working on H-1 since Dec 2004, but before that I was on F-1 and prior to that I was in the US on an H-1 for some other company for 9 months. I haven't been out of the US for one entire year. So my question was regarding my previous H-1 period in calculating the cumulative 6 years, will they be counting only the 9 month period of my previous H-1b even though I had a stamp for 3 years? Since, after 9 months I went back and got my F-1 stamped and that would make the H-1 stamp invalid, right?
 
sushdigs said:
So my question was regarding my previous H-1 period in calculating the cumulative 6 years, will they be counting only the 9 month period of my previous H-1b even though I had a stamp for 3 years? Since, after 9 months I went back and got my F-1 stamped and that would make the H-1 stamp invalid, right?
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Stamp does not mean much for status. You spent 9 months first and spent another 18 months since Dec 2004 w/o leaving the US, your remaining time is 6*12 - 9 - 18 = 45 months.
 
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