H1B Transfer - Got approval beyond 6 years. Is that Okay?!

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biku

Registered Users (C)
Hello Friends,
I recently got my H1B transferred to another company and received the approval notice. I have a couple of questions regading the new H1
1. Its approved beyond 6 years!! I came into the Us in June 2000 and the new H1 (transfer) has been approved until Jan 2007!! (I was on vacation for roughly 90 days during my stay in the US). Is this okay ? My employer says as long as its approved by BCIS its okay. Is that right ? Do I have to notify BCIS regarding this and get it corrected?

2. I am still working for my current employer (not yet started working with the new employer even after getting the H1 transferred). Is there any time line before which I have to start working with the new employer?

Appreciate your feedback.
Thanks in advance...
Biku
 
This is a common enough "mistake" by BCIS. Ideally you/your lawyer should inform the BCIS about this mistake - although very few people actually inform. You should take care that you do not stay on H1 beyond 6 years counting from when you came to US. This means that you should still consider your six years as expiring on June 2006.


Originally posted by biku
Hello Friends,
I recently got my H1B transferred to another company and received the approval notice. I have a couple of questions regading the new H1
1. Its approved beyond 6 years!! I came into the Us in June 2000 and the new H1 (transfer) has been approved until Jan 2007!! (I was on vacation for roughly 90 days during my stay in the US). Is this okay ? My employer says as long as its approved by BCIS its okay. Is that right ? Do I have to notify BCIS regarding this and get it corrected?

2. I am still working for my current employer (not yet started working with the new employer even after getting the H1 transferred). Is there any time line before which I have to start working with the new employer?

Appreciate your feedback.
Thanks in advance...
Biku
Click to expand...
 
"when you came to US."

I guess this 6 year clock starts ticking right from the day when your first I-797 is issued. It does'nt matter when you arrive US. BCIS has nothing nothing to do with your entry into the country. You can get many I-94s by travelling out side US and coming back but they can'nt have any impact on that 6 year period.
 
ok - lets change that to "when you first entered the United States on your H1 visa".

There is some confusion regarding when the 6 year clock starts ticking. Some claim it is from the day the first I-797 is issued, some claim its from the date you first entered the US on your H1 visa.
From what my lawyers tell me, it is the date you first enter the US on your visa.


Originally posted by orazone
"when you came to US."

I guess this 6 year clock starts ticking right from the day when your first I-797 is issued. It does'nt matter when you arrive US. BCIS has nothing nothing to do with your entry into the country. You can get many I-94s by travelling out side US and coming back but they can'nt have any impact on that 6 year period.
Click to expand...
 
Thanks

Thank you very much for the valuable info.
As far as the "when I cam into the Us" is concerned, I was advised that it starts from the day I enter the country using H1 (not the approval date). This information is from my former employer after seeking (said to be) advice from the attorney.

Thanks,
Biku
 
As per discussed by users in this post regarding the 6 year H1B term, it seems like the bwlow is true

"when I cam into the Us" is concerned, I was advised that it starts from the day I enter the country using H1 (not the approval date).
Click to expand...

But what if a person like me changed status from J1 to H1B within USA and has not travelled nor got H1B stamped on the passport yet.

So does it mean that mine 6 yr term has not been started yet ?

Please comment/clarify ?

Regrads

Nandu
 
For persons outside the US and entering the US on an H1B, the clock starts from the day you enter the US, because that is the day you get an I-94 at the port of entry with H1B status.

For persons who are changing status within the US, the clock starts on the day mentioned as the starting date on the H1B approval notice (assuming that the approval comes with an I-94 at the bottom). If, after the approval comes, the person actually never started work for the employer etc, it might be possible to argue that one never acquired the H1B status, depending on the circumstances, and how your attorney argues your case etc, but dont quote me on this point.
 
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