H1B Validity Period

h1bvisauser

New Member
I have one question about counting the total 6 years of H1. Is it counted from the day you enter in US or from the date on your H1 approval notice.
My first H1 approval notice shows date of 10/01/2000 and I actually came to US on that H1 on 06/20/2001. So how much time still I have on my H1 to be in status.

Thanks in advance.
 
h1bvisauser said:
I have one question about counting the total 6 years of H1. Is it counted from the day you enter in US or from the date on your H1 approval notice.
My first H1 approval notice shows date of 10/01/2000 and I actually came to US on that H1 on 06/20/2001. So how much time still I have on my H1 to be in status.

Thanks in advance.

Count 6 yrs from the date you enter into US.
You can also subtract the days, you are out of US during these 6 yrs period.
 
The site is just for marketing

tangible said:
Thought I'll let you guys know that there's this trackins.com, useful for tracking your GC applications.

www.trackins.com

You can go and change any information you want, and post any false info do you want.
This is not a tracking site at all other than some body marketing their services.
 
h1bvisauser said:
I have one question about counting the total 6 years of H1. Is it counted from the day you enter in US or from the date on your H1 approval notice.
My first H1 approval notice shows date of 10/01/2000 and I actually came to US on that H1 on 06/20/2001. So how much time still I have on my H1 to be in status.

Thanks in advance.

Your H1 meter starts running the day you enter the US. It stops when you leave the shores of US and restarts when you enter again. The date on the H1 approval notice is meaningless. Go by the dates on the I-94's.

Also someone told me or probably I read, cant substantiate it though is that the H1 meter (6 years) limit is associated with the number if hours you put in. I.e. there are fixed number of hours your are allowed to work before your H1 limit is reached. This way you could possibly reach your H1 limit in 3 years itself if you worked 80 hours per week. At the same time if you have been working only 20 hours per week throughout then your H1 limit wont reach for 12 years. If this is real then you can calculate your reamining time by adding the number of hours you have put in from your pay stubs.
But I think this is all BS as INS has no way to know this information unless it shares the database with IRS or the payroll department.

Although the number of hours worked may not be the criteria for the H1 limit, I am sure its not just the number of days you are in US. Its a bit more complicated. But just to be on safer side calculate the days in the US subtracting any days you went out for vacations etc.
Usually to be even more safe people just go by the date on first entry and calculate 6 years ahead. In that case your H1 limit is reached on 06/19/2007.

neocor
 
neocor said:
Your H1 meter starts running the day you enter the US. It stops when you leave the shores of US and restarts when you enter again. The date on the H1 approval notice is meaningless. Go by the dates on the I-94's.

Also someone told me or probably I read, cant substantiate it though is that the H1 meter (6 years) limit is associated with the number if hours you put in. I.e. there are fixed number of hours your are allowed to work before your H1 limit is reached. This way you could possibly reach your H1 limit in 3 years itself if you worked 80 hours per week. At the same time if you have been working only 20 hours per week throughout then your H1 limit wont reach for 12 years. (Very good Fiction) and clever thinking. if we work for 5 hours per week , can we stay 50 year. ? brilliant thoughts If this is real then you can calculate your reamining time by adding the number of hours you have put in from your pay stubs.
But I think this is all BS as INS has no way to know this information unless it shares the database with IRS or the payroll department.

Although the number of hours worked may not be the criteria for the H1 limit, I am sure its not just the number of days you are in US. Its a bit more complicated. But just to be on safer side calculate the days in the US subtracting any days you went out for vacations etc.
Usually to be even more safe people just go by the date on first entry and calculate 6 years ahead. In that case your H1 limit is reached on 06/19/2007.

neocor
 
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Yeah sure but really cant live with working 5 hours per week. Unless offcourse you could coax your employer to make the pay check in such a way to get the full salary but jack up the hourly rate to make it 5 hours per week.
Well as i said this is all bull. Its just i hear something like this a long time back and never got a right answer from anyone.
 
What happens if you transfered from H1 to H4 for 2-3 monsths and got another H1? Should you be counting the H1s (less time spent outside) only to capture total time "used"?
 
fatoars said:
What happens if you transfered from H1 to H4 for 2-3 monsths and got another H1? Should you be counting the H1s (less time spent outside) only to capture total time "used"?

6 years count valid for both H1 and H4 status.
 
fatoars said:
What happens if you transfered from H1 to H4 for 2-3 monsths and got another H1? Should you be counting the H1s (less time spent outside) only to capture total time "used"?

6 year meter keeps running even in H4. Only if you work in EAD the meter stops.
neocor
 
h1b-h4 validity question

GreatGuru ,

I am currently on H1B since Oct 2003, which is valid till Oct 2009, I got married this year and my wife came here on H4 in April 2005. My wife will get her H1B from 1 Oct 2006. I have following questions regarding that

1. What is the time limit for my wife's H1B?
Is it April 2005-April 2011 (Counting from the day she entered US)

OR

Will it be 1 OCT 2006-1 OCT 2012?

I am not sure about the laws about the time limit for the entire h (H4+H1) category visa or its h4-6 years and h1 -6 years.

My next question is can I go on H4( based on my wife's valid h1b at that time ) visa after I use all 6 years on my h1b visa .

I am trying to evaluate all the options after retrogression of EB3/EB2 category.

Thank you.
 
Combined period of H4 and H1 can not exceed 6 years. If your wife came to the US in 2005/4 with H4, her H1 will be expired in 2011/3.
You can go with H4 even after your H1 hits 6 years limit as long as your wife's H1 is valid.
 
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