Need Help H1B Expiring

S

sonia_jain

New Member
I got my 1st H1B in Feb2003 . I came to US in March 2003 and stayed till 30th Dec2003. Came back to US In september 2004 . Since Visa was expiring applied for the H1B extension in November 2005 . Some how my petetion and I94 only extended till August 2008. Not sure why ?

Here's summary

1st H1b -Feb2003

Out of USA Jan 2004-Sep 2004
Filed H1B renewal in Nov 2005.

Visa and I-94 extended Aug2008.
Please help me , I am planning to change my Job in March2007 , but this will allow me very less time to apply for my 7th year. Is this a mistake ?or I can file an amendement to get this corrected?

My Question 2 is :-

If i was out of US during my H1b Period , how will be my 6 years counted. Please reply me back it will be a great help
 
You can extend one more time before you hit 6 year limit.

Whenever you are out of the US won't be counted toward 6 year limit.
 
you were in the US roughly for 3 years now, which is supposed to give you 3 more years with H1. That is Dec 2009, however, for some reason, extension was granted til Aug 2008.
Next time you extend H1 in 2008, you can ask 1+ year.
In addition to that, if you have 365 days old LC before the next extension, you can ask for 1 more additioal year(2+ year in total), and if you have approved I-140 before the next extension, you can get 3 full year extension.
 
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Thanks a ton for your help . I guess you answered my question here. Is it normal that my 2nd petition was not approved for exactly 3 years? Do I need to file an amendment ? Or I should wait till 2008 and then file extension for one year as you mentioned . Thanks in advance .
 
It is your choice but I wouldn't see much benefit to file amendment to get 1 more year. Expense in big picture is pretty much the same to go either way.
 
GotPR? said:
you were in the US roughly for 3 years now, which is supposed to give you 3 more years with H1. That is Dec 2009, however, for some reason, extension was granted til Aug 2008.
Next time you extend H1 in 2008, you can ask 1+ year.
In addition to that, if you have 365 days old LC before the next extension, you can ask for 1 more additioal year(2+ year in total), and if you have approved I-140 before the next extension, you can get 3 full year extension.
Click to expand...
You said, “if you have approved I-140 before the next extension, you can get 3 full year extension”? If he is not subject to per country visa limits, can he get 3 full year extension?
 
Here's my plan right now , Please tell me if I am not mistaken in understanding.

1) Transfer H1 in March 2007.

2) Apply for extension for one year in March 2008(Since it is expiring in August 2008)

4) Apply for I 140 on April/May 2007 , so that i have 365 days before my 6 years gets completed.

Please tell me if this sounds ok ? btw extending visa for one year to complete 6 year a normal process , or is there some kind of mistake for me? Thanks every one for your help .
 
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I don't know whether it's mistake or not. You have to check LCA and petition that your company submitted.

You plan will work.
 
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