H1 B validity

[xe_na]

Hi,

I came to US on H1 B in Nov 2001 and made trips in 2002 and 2003.

After expiration of my first H1 B petition I applied for a fresh new (second) H1 B petition which got approved in October 2003 (This second petition is valid till 2006), Altough my second petition was approved on October 2003 but I did not come to US on that petition until May 2005. I was not here for entire year 2004 and spent most of the initial time of second petition outside US (India).

I am now going for second petition H1 B extension. I suppose as my current petition is fresh petition (Not extended from first petition) and i was not here for entire year 2004 on that so i can count 3 year of expiry of H1 from May 2005. And my six years of H1 with extension should get over on 2011. I think i can stay in US till 2011 on second H1 petition extension and my earlier trips of first petition in 2001, 2002 and 2003 will not be counted for 6 year term as i was not in US for entire year 2004 and those were on old petition.

Please let me know if i am wrong or right on this.

Thanks
Xe_Na

 

[qaz12]

If you have completed the one year requirement (staying outside US) - you are all fine and get 6 more years on H-1.