akosmokus

Hi All,

I have a quick question to someone knowledgable:
I am in the US on H1b visa and I was wondering when the allotted 6 yr stay will expire since I landed 3 months later in the US than the date of visa issuance. Do I have to count my six years here starting from the date of landing or from the date of visa issuance?
Thanks very much,
Anna

idiotnonsavant

My first one was deliverd to me towards the end of February 1998 but was dated Janyary and expired on 1/1/01. My second expires 1/1/04. I arrived March 98, they didn't give me the odd months back.

Sylvia Ottemoeller

"akosmokus" wrote in message
news:[email protected]...

    > I have a quick question to someone knowledgable:
    > I am in the US on H1b visa and I was wondering when the allotted 6 yr
    > stay will expire since I landed 3 months later in the US than the date
    > of visa issuance. Do I have to count my six years here starting from the
    > date of landing or from the date of visa issuance?

Your six years will be counted from the date you entered the U.S. and began
to hold H-1B status. You will not "get" those extra 3 months until the end
of the six years. Your employer at that time can request the extra 3
months, giving evidence of when your H-1B status actually began.

akosmokus

thanks very much sylvia!!
Anna

Rex Lustrous

Hi Sylvia,

I could be totally wrong in my understanding of his question.

He says "I landed 3 months later in the US than the date of visa issuance".
and you replied "Your six years will be counted from the date you entered
the U.S.
and began to hold H-1B status. "

So, let's say he got an H1-B visa at a consulate in Oct 1999, and landed in
the US in Jan 2000. The as per your statement, his 6 years of H1B ends in
Jan 2006, a full 6 years after he landed.

So what is he going to get at the end of the period ? He has lost nothing in
this case, unless his 6 yrs ends in Oct 2005, in which case he loses those 3
months.

Could you help me understand this ?

Thanks
- Rex



"Sylvia Ottemoeller" wrote in message
news:[email protected]...
    > "akosmokus" wrote in message
    > news:[email protected]...
    > > I have a quick question to someone knowledgable:
    > > I am in the US on H1b visa and I was wondering when the allotted 6 yr
    > > stay will expire since I landed 3 months later in the US than the date
    > > of visa issuance. Do I have to count my six years here starting from the
    > > date of landing or from the date of visa issuance?
    > Your six years will be counted from the date you entered the U.S. and
began
    > to hold H-1B status. You will not "get" those extra 3 months until the
end
    > of the six years. Your employer at that time can request the extra 3
    > months, giving evidence of when your H-1B status actually began.

Sylvia Ottemoeller

Let's assume akosmokus stays with the same employer, and let's assume that
the initial H-1B petition was valid for the period 10/01/1999 through
09/30/2002. He obtained the visa stamp during October 1999, and he entered
the U.S. and became an H-1B status holder on 01/01/2000.

This places the expiration of the maximum possible duration of H-1B status
at 12/30/2005, not counting any eligibility which he might obtain for a 7th
year of H-1B status, based on the employer's filing a labor certification
application or I-140.

In the normal course of events, the employer would file an H-1B extension
petition for the maximum duration of 3 years (for any single H-1B petition),
for the period from 10/01/2002 to 09/30/2005, and INS would approve the
petition.

Then the employer would file an H-1B extension petition for the period
10/01/2005 to 12/20/2005, to obtain INS approval of the last 3 months of the
maximum duration of 6 years.

"Rex Lustrous" wrote in message
news:[email protected]...

    > I could be totally wrong in my understanding of his question.
    > He says "I landed 3 months later in the US than the date of visa
issuance".
    > and you replied "Your six years will be counted from the date you entered
    > the U.S.
    > and began to hold H-1B status. "
    > So, let's say he got an H1-B visa at a consulate in Oct 1999, and landed
in
    > the US in Jan 2000. The as per your statement, his 6 years of H1B ends in
    > Jan 2006, a full 6 years after he landed.

That is the maximum *possible* duration, not the actual period approved by
INS.

    > So what is he going to get at the end of the period ? He has lost nothing
in
    > this case, unless his 6 yrs ends in Oct 2005, in which case he loses those
3
    > months.
    > Could you help me understand this ?

    > "Sylvia Ottemoeller" wrote in message
    > news:[email protected]...
    > >
    > > "akosmokus" wrote in message
    > > news:[email protected]...
    > >
    > > > I have a quick question to someone knowledgable:
    > > > I am in the US on H1b visa and I was wondering when the allotted 6 yr
    > > > stay will expire since I landed 3 months later in the US than the date
    > > > of visa issuance. Do I have to count my six years here starting from
the
    > > > date of landing or from the date of visa issuance?
    > >
    > > Your six years will be counted from the date you entered the U.S. and
began
    > > to hold H-1B status. You will not "get" those extra 3 months until the
end
    > > of the six years. Your employer at that time can request the extra 3
    > > months, giving evidence of when your H-1B status actually began.

Rex Lustrous

Thanks for the detailed reply, and your patience!

    :-)

Rex