H1 Extension for days out of US.

A

ak32

New Member
H1 Extension for days out of US.

I was out of us for 140 days in past 6 years. My 6 years on H1B will expire in few weeks.

My Attorney says that you can only claim those days for which you were not on payroll of any US Company and you need to have some document to support your claim apart from the arrival/departure stamps on the passport.

You cannot claim the time you were on Vacation.

Has anybody in this board applied for such extension? ? Can you share your experience and views on this issue?

Your comments would be highly appreciated.

Thanks.

Ak32
 
No Title

hi,

Maybe different attorneys have different opinions on this. I remember when I talked to my attorney a couple years bakc on this he said something like this "If you are on H1 and all the time that you spent outside United Stated (whether on Official visit or personal visit) - for all this period you are eligible for H extension" in other words "you have to spend 6 years on US soil on H status and only then you are assumed to have used your 6 year limit".

Also if you spend contiguous 1 year + 1 day outside US then you are eligible for a new 6yr H quota.

(Standard disclaimer applies, check with your attorney. Also check with other attorneys - this is really useful - it has helped me)

ak007
 
No Title

hi,
my attorney said that you can deduct only official and family related visits (marriage etc?) from the 6 yrs.
 
No Title

Hi,

My brother-in-law went to Germany on deputation for 12+ months. When he applied for H1-B extension, he got for 3 years with new - 6 year limit. Outside of US (with or without pay) matters. There is no clear interpretation of the law. It seems cases are decided by the individual INS person\'s discretion.

Best of luck
 
No Title

I got the extension I asked for. This was done by VERY CLEARLY documenting the arrival and departure stamps and also clearly writing a notarized letter stating the arrival and departure dates and the amount of time spent outside the country. Since my trips were both business and pleasure I also submitted copies of Indian tax documents.
I had to do this since an RFE was sent asking for additional documentation.

I know of other collegues who have gotten the extension by using just the arrival and departure records and a simple letter stating the time spent outside the country..
It helps if you have travelled outside on business.

HOpe this helps.
 
No Title

My attorney says he can get the days spent outside of US for business or pleasure visits to Europe or other countries. He even mentioned that he can get the 7 days to a Caribbean cruise back.

Disclaimer applies. Espcially because I have not seen the results yet.
 
No Title

I have a similar question. Can the time spent outside of US while on a Leave Of Absence from a US company, counted towards extending the H1-B beyond 6 years ?
 
No Title

hi all,

My h1 b was was originally granted on Aug 10th 1996
so its valid for 6yrs ( aug10 2002)
but INS approved my new visa till may 1st 2002
only.
Also, i went to india for 4months+ as i got laid off
and rentered on the orginal 6 yr visa.im a silicon
valley veteran having working exp of 5yrs.

Lastly, i have had 3 h1 b visas during my 5 yr stay
on 2 occasions INS processing wasted alteast 5 months
and i was waiting for approval and was unpaid as i quit
my old job.

my questions are ;

 a) Can i get back the 3 months INS mistakenly didnt approve
    extra.
 b) can i extend my period for the processing delays at the
    hands of INS.(not my fault)
 c) Also the 4.5 month extension (time i was in india)

 d) plus 1 yr extension if my labor was filed 1 year before
    for the GC process.

  Greatly appretiate ur help/assistance and any valuable
  advise for me to get atleast 2yr extension , which
  is rightly due to me.
 
No Title

Sam Walker,
a)Yes, You can get those 3 months
b)No.
c)For the time you were in India, Yes you will get that included
  provided you document & ask for that time specifically.
d)I "guess" 1yr extension should be a seperate petition.
 
No Title

My H-1 was expired on January and applied for the extension for the days I spent out side of the US "ON VACATION"... Guess what ? I just got the approval from the INS. You should definetly try !
 
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