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Utilization of H1B VISA and ex-Cap

0 votes

Hi,

I got pettion approved in 2013. My VISA is stamped on July 2014. I travelled to US on Oct-2014 till Dec-2014. My VISA is -valid till Aug-2016.

Now I need help on below,

1) At the time of extension, will I get these 1.5 years as well. As I have not been in the US.

2) I heard, VISA is 6 years permission to work in US and case like me, I was actually only 3 months in US. So I can use(extend/claim) my wasted years. Is that true?

 

Regards,

Raj

asked Feb 13, 2015 in H1B Visa by raj_hpking (240 points)

2 Answers

0 votes
Only the number of days that you are in US with H1 status would be counted towards your total allowed 6 years of H1 status. You dont lose when you are outside US or when you are in US but not on H1 status. You are good to go.
answered Feb 13, 2015 by ImmiGeek (26,160 points)
Thanks ImmiGeek,

But what is the process to claim those years. Do I need to do something or I will get automatically, when my employer extends my VISA after its present validity date i.e. Aug 2016 crosses.
0 votes

Thanks ImmiGeek,

But what is the process to claim those years. Do I need to do something or I will get automatically, when my employer extends my VISA after its present validity date i.e. Aug 2016 crosses.

answered Feb 14, 2015 by raj_hpking (240 points)
Usually the attorney filing the extension would calculate these total H1 days and present them on an attached paper with the petition so that approving officer can understand how many days are remaining on H1(You do your math and present to the lawyer)

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