regarding h1 extension

[nair_ke]

Hello, All.

My 6 years term is nearly getting over ( from date of entry to usa).
I was out of country for about 5 months.

1. How do we calculate the 6 years term.
Is it form the port of entry date - duration out side of the country?

2. If this is the case, do i need to apply for h1 extension / 7 th year extension?

Your reply will be appreciated.

Thanks.

 

[visak]

Calculation of 6 years on H1.

H1 is approved initially for 3 years and extended for 3 more years. Any balance period (delay between approval date and entering US on H1 and number of days outside US on H1) can be applied as an extension before expiration of 2nd 3 year term on H1. If labor is filed 365 days ago, you can apply for 7th year instead of reqesting to recapture period outside USA on H1.

 

[SGirishS]

H1 Extention beyond 6 years

My 6 years in H1-B will be over in December 2004. My I-94, visa & I-797 are expriring in June 2004. During the last 6 years, I was out of US for about 6months. I have applied for renewal of I-797 even for those 6months, ie: till June 2005.

[1] Does the INS always approve such cases beyond 6yrs?
[2] If not, do they approve the I-797 only for 6years or they send query?

Thanks.

 

[visak]

Usually recapture period is added to H1 extension if documentation is provided to prove that you are out of US while on H1 status (eg. Airline tickets, Immigration stamps on passport etc) and the period is significant. In your case 6 months is significant and there are chances to get your H1 renewed until June 05 OR it will be extended until Dec 04 and you can request for recapture before Dec 04 to extend it until June 05. As always there is no 100% guarantee when dealing with USCIS and it is dependant upon the case adjudicator to approve recapture period.