H1B Beyond six years, New Strategy

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popoye

Registered Users (C)
My sixth year will end by March 2006. However if I leave US in Sep 2005, PRESERVING 6 months of H1, and apply for a H1 in April 2006 asking for an effective date of Oct 1 2006, I would get a H1 for 6 months.

I travel back into the US in Oct 1 2006 and immediately apply for a three extension now since I am eligible for six more years of H1 as I have stayed out of the country for 1 year.

Has this ever been tried before.
 
popoye said:
My sixth year will end by March 2006. However if I leave US in Sep 2005, PRESERVING 6 months of H1, and apply for a H1 in April 2006 asking for an effective date of Oct 1 2006, I would get a H1 for 6 months.

I travel back into the US in Oct 1 2006 and immediately apply for a three extension now since I am eligible for six more years of H1 as I have stayed out of the country for 1 year.

Has this ever been tried before.

You are missing lot here. One year you are out of US, then you have to apply a brand new H1 under quota to qualify for fresh 6 years terms. (No reference to old H1 numbers WAC/LIN)

Just staying one year out side US and return and getting extention on old H1 will not start a fresh 6 years clock, it may help you to recapture that one year period at the end of 6 years if you need.
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Thanks a lot for your response. Are you sure abt this ?. Can we exchange private emails ?. I got this information from a leading attorney in the US out of a paid consultation. Somehow I am trying find if there has been precendence to this.
 
popoye said:
Thanks a lot for your response. Are you sure abt this ?. Can we exchange private emails ?. I got this information from a leading attorney in the US out of a paid consultation. Somehow I am trying find if there has been precendence to this.
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yes.

Before that;

Before Bill Clinton granted this benefits to us, one can stay only 6 years in an approved H1.H1 first three years, extend further 3 years.

Here 6 year is your physical presence in US not the visa period or H1 duration.

During this 6 years if you are taking 2 months vacation every year for 6 years, you stayed out side US 12 months, so you can extend your visa 7th year theoratically (recapturing the 12 months you are in your home country).

In practical you are with in your h1 actual stay of 6 years only. After that you have to get out of US.

This time you do not have anything with you (H1 notice or visa in the pp).
After one year in your home country, you are eligible for fresh h1 to start a new clock of 6 years. Here no reference/extn for your old visa at all. Thats it.

Now 7th year physical presence is allowed, if your LC is pending more than 365 days. However there is no change in the rule as explained above.
 
H1B Time recapture beyond 6 years

My 6 years under H1 expire in September, adding up the time I have been out of the country I could recapture around 15 months and apply for an extension. Please advise as to how that extension should be filed, do I need to include a special letter?, does it need to be specified somewhere in the I-129 form? do I need to include all copies of stamps in my passport as proof? If you may have a sample letter to include with the application, I'd appreciate emailing it to me directly.
Thanks.
Lis
 
incasunshine said:
My 6 years under H1 expire in September, adding up the time I have been out of the country I could recapture around 15 months and apply for an extension. Please advise as to how that extension should be filed, do I need to include a special letter?,
Yes. A detailed letter, your attorney is obligated to prepare one for you on this basis. include copy of page contain Date of entry stamp in your pp.

does it need to be specified somewhere in the I-129 form? do I need to include all copies of stamps in my passport as proof? If you may have a sample letter to include with the application, I'd appreciate emailing it to me directly.
Thanks.
Lis
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