Deepak Bharathan

Hi,

My H1B was stamped Oct 2003, and has an expiry date of April 2005.
Queries -
1. Why is it that instead of the normal three years on H1B - my visa
has a little more than half of the period?

2. I came the States in Jan 2004. I know on a work permit a maximum
stay of upto 6 years is allowed. From which point is this date
calculated (stamping date or arrival date) ?

3. When I extend my visa, am I going to get just three years on the
renewed visa? Since my first visa was more like half of the alloted
time - would there be an adjustment on my new I-94 to permit stay till
a maximum of 6 years?

Answers would be greatly appreciated!

D.

Michelle

Hey Deepak, your time on H-1B is counted depending on the number of days you have lived in the US on H-1B status. Hence, it doesn't matter when you got the H-1B stamp on your passport.

Hope this helps!!

crg

The visa expiration date is different than the petition expiration date. They may have only made the visa valid for a year and a half due to visa reciprocity. That means that your country would only give 1.5 year visas to US citizens in similar situations.

The most they can extend your period of admission for is 3 years at a time. They give length of petition, not to exceed 3 years. The petition will be capped at the 6 yrs.

Deepak Bharathan

Thanks folks! This helps!

But though I've got this nagging doubt, many of friends (they hold
citizenship of my country) have visas that are valid for 3 years. Seems
like I'm the only odd one out!

My employer has filed for my extension. I'm curious to know what the
new date of validity will be? 3 years from this date or would it be for
the remaining part of the 3 years that I was supposed to have on my
present visa?

D.

crg

It may be the same date as the expiration of your current petition. Let us know when you get it.

Chris Brunot

1. Visa only allows you to enter the US and does not in any way relate
to your stay in the US. Your stay is determined by I-94 that the
officer at the port of entry hands over to you. I really wonder why
your visa was stamped only for 1.5 years, but then, you need it only to
enter the US. However, if you leave US anytime after these 1.5 years,
you will have to get it revalidated at the consulate in your home
country (Alas! visa revalidation while sitting in the US is no longer
available).

2. Yes, on H-1B a maximum of 6 years stay is allowed, except in case
you satisfy certain conditions to get your stay extended beyond the
sixth year in case your employer takes steps for ur green card
processing before completion of ur fifth year. Your stay will be
calculated from the date mentioned on I-94 i.e. the date you entered
the U.S.

3. You can extend your stay in the US and it will be extended from the
date mentioned on your I-94. As long as you are in the US and file for
extension before your I-94 expires, you can forget about the visa stamp
on your passport. But once you leave US you need a valid visa stamped
in your passport.

Chris Brunot

Hey, I found a lot of information for you on H-1Bs here:

http://usimmigration.visapro.com/H1B-Visa.asp
http://faq.visapro.com/H1B-Visa-FAQ.asp

Deepak Bharathan

Thanks Chris! That is a lot of information and very useful too!

Guess the strangeness of why my employer filed my petition for a year
and half when it could have been for a longer duration will continue to
irk me! : ) But - no harm done!:-)

Deepak


Chris Brunot wrote:
    > Hey, I found a lot of information for you on H-1Bs here:
    > http://usimmigration.visapro.com/H1B-Visa.asp
    > http://faq.visapro.com/H1B-Visa-FAQ.asp