How the 6 year period of H1B is calculated?

[dolly2004]

Hi,
I work for an Indian company. I got my H1B in May 2001 which was for 2.5 years. I travelled to US for 2 months(Nov 2001-Dec 2001) and then went back. Again I came to US in Apr 2003 and stayed till Jan 2004. In the meantime my visa expired and I filed for an extension and I got it extended for another 2.5 years. From Jan 2004 to Jun 2005 I stayed in India.In July 2005 I again came to US and is staying here till date. My visa has expired and I have filed for an extension and I am yet to get it.

I want to know how the 6 year period is calculated? Is it for the total physical stay or from the date I first received my H1B? I have stayed more than a year out of US.

Please help.
Thanks in advance.

 

[ginnu]

Hi,
I work for an Indian company. I got my H1B in May 2001 which was for 2.5 years. I travelled to US for 2 months(Nov 2001-Dec 2001) and then went back. Again I came to US in Apr 2003 and stayed till Jan 2004. In the meantime my visa expired and I filed for an extension and I got it extended for another 2.5 years. From Jan 2004 to Jun 2005 I stayed in India.In July 2005 I again came to US and is staying here till date. My visa has expired and I have filed for an extension and I am yet to get it.

I want to know how the 6 year period is calculated? Is it for the total physical stay or from the date I first received my H1B? I have stayed more than a year out of US.

Please help.
Thanks in advance.

total physical stay from the date you entred US.

*** you can also recapture the time spent out of US, your lawyer need your passport stamp pages to calculate the time you can recapture and then can request USCIS on cover letter of your details of time out of US.

RECAPTURE OF H1 DAYS SPENT OUT OF USA THE AAO DECISION
http://www.immigration.com/fromtheagency/AAO_Recapture.pdf

 

[shivab]

Fee structure for H1B Extension beyond 6 years

Hi Ginnu

I have confusion in interpreting the I-129 fee structure.

I was employed by company A and started working for the company A in NIv 2000

Laid off by company A in Aug 2003

Joined Company B in Sep 2003

My Visa and 6 years complete in Sep 2006

I am waiting for Visa numbers to become current to apply for I-485

The fee structure to apply for H1B 6th year extension told to me is 1500 + 190 (= 1690)

Instructions on Form I-129 page 5 mention that $1500 is not applicable if

"
This petition is the second or subsequent request for an extension of stay filed by the employer regardless of when the first extension of stay was filed or whether the $1,500.00 or $750.00 filing fee was paid on the initial petition or the first extension of stay;
"

Whether my current extension is interpreted as first? 2nd, 3rd?

Appreciate some light and thought from you.

Regards
Shiva

 

[ginnu]

Hi Ginnu

I have confusion in interpreting the I-129 fee structure.

I was employed by company A and started working for the company A in NIv 2000

Laid off by company A in Aug 2003

Joined Company B in Sep 2003

My Visa and 6 years complete in Sep 2006

I am waiting for Visa numbers to become current to apply for I-485

The fee structure to apply for H1B 6th year extension told to me is 1500 + 190 (= 1690)

Instructions on Form I-129 page 5 mention that $1500 is not applicable if

"
This petition is the second or subsequent request for an extension of stay filed by the employer regardless of when the first extension of stay was filed or whether the $1,500.00 or $750.00 filing fee was paid on the initial petition or the first extension of stay;
"

Whether my current extension is interpreted as first? 2nd, 3rd?
Appreciate some light and thought from you.

Regards
Shiva

----------- B filed First time for you

 

[Harry04]

Thanks, Ginnu, for your useful response. My situation is quite similar as explained below:

I got H1B approval from Company A in 2001. Got visa stamped in March 2001 valid till Sep 2003. But there was an error in passport number. Got corrected visa stamped in Jan 2002 with expiration date Sept 2003. Travelled to US for brief periods but did not work.

Got another H1B approval from Company A in Feb. 2004- valid from Oct 2003 to Sep. 2006. Came to US in Sep 2004 and started working with Company B after transfer of H1 to Company B. The H1B transfer approval has validity till Mar 2007.

My questions for Gurus:

1. Now I want to transfer to Company C. Do you foresee any difficulty as my first H1 approval is about 6 years old though I actually worked for last 1.5 years only.

2. Was I out of status at any time?

3. What kind of documentation will be required by USCIS for proposed H1 transfer to Company C?

Thank you all in advance.

H.