H1B Duration Question

[sameer77]

Hi All,

I have a question on H1B time duration. Below is my situation.

Started working for company on OPT: 9/10/2001
OPT expiry date: 1/20/2002

Company filed H1B after starting job. They put date for H1B start to be the same date when I joined.

H1B was approved in 2/10/2002. I had to take unpaid leave for about 20 days because my OPT had expired and H1B was pending.

On H1B Approval notice, the time duration was:
Start: 2/10/2002
End: 9/10/2004

I then filed for extension for exactly 3 years.
Start: 9/10/2004
End: 9/10/2007

Looking at the first H1B, it looks like I lost about 5 months.

I was wondering, if it is possible to capture this 5 months period? I also heard that you can recapture the time period you spent outside US? Is H1B supposed to be exactly of 6 years from the time it gets approved? Or is it based on the dates you mention on your application?

Also, one more question...
I'm in the process of getting a job offer from another company and will be filing H1B transfer soon. I now have about 1.5 years left before my H1B expires. During this transfer, can I capture 5 months period now (that I lost during first H1B) or shall I have to wait until my visa expires.

This 5 months capture period will help me prolong greencard filing, because many company don't file until you've been at a job for at least certain period. Right now, it puts me at a disadvantage because employers don't talk to you if need GC sponsorship rightaway within 6 months.

I thank you in advance.

 

[great guru]

You have lost no time.
Your first h1 started 2/10/2002, (i.e) your H1 status started from 2/10/2002. Before that you are considered only as F1/OPT.

Your 6 yrs clock start from 2/10/02, calculate 6 yr from this date.

Other dates does not have any significance .

Hi All,

I have a question on H1B time duration. Below is my situation.

Started working for company on OPT: 9/10/2001
OPT expiry date: 1/20/2002

Company filed H1B after starting job. They put date for H1B start to be the same date when I joined.

H1B was approved in 2/10/2002. I had to take unpaid leave for about 20 days because my OPT had expired and H1B was pending.

On H1B Approval notice, the time duration was:
Start: 2/10/2002
End: 9/10/2004

I then filed for extension for exactly 3 years.
Start: 9/10/2004
End: 9/10/2007

Looking at the first H1B, it looks like I lost about 5 months.

I was wondering, if it is possible to capture this 5 months period? I also heard that you can recapture the time period you spent outside US? Is H1B supposed to be exactly of 6 years from the time it gets approved? Or is it based on the dates you mention on your application?

Also, one more question...
I'm in the process of getting a job offer from another company and will be filing H1B transfer soon. I now have about 1.5 years left before my H1B expires. During this transfer, can I capture 5 months period now (that I lost during first H1B) or shall I have to wait until my visa expires.

This 5 months capture period will help me prolong greencard filing, because many company don't file until you've been at a job for at least certain period. Right now, it puts me at a disadvantage because employers don't talk to you if need GC sponsorship rightaway within 6 months.

I thank you in advance.

 

[sameer77]

Thanks for your prompt reply. Really appreciate it.

Does this mean that, I can add those 5 months during this H1B transfer to a new company for a total period of almost 2 years.

Or do I just transfer it using current expiry date and when it expires, I can file another extension.

I'm confused as to when that period can be recovered. I'd like to recover it now because it prolongs my greencard filing period and I feel much secure to have this period before something changes.

 

[great guru]

You do not have any time to recover. If you are outside US from the day your H1 started, then you can recapture those days.

Just filing H1 papers will not entitle any thing to you.

Thanks for your prompt reply. Really appreciate it.

Does this mean that, I can add those 5 months during this H1B transfer to a new company for a total period of almost 2 years.

Or do I just transfer it using current expiry date and when it expires, I can file another extension.

I'm confused as to when that period can be recovered. I'd like to recover it now because it prolongs my greencard filing period and I feel much secure to have this period before something changes.