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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28299
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Will I be able to get an extension on my current H1- without

Customer Question

will I be able to get an extension on my current H1-B without going
through the H1-B cap and if so for how many days will I get my extension ?
Below are my stays in the US on respective visas:
L1-B Employer1 23-Oct-2008 15-Mar-2009 => 144
L1-B Employer1 15-Nov-2009 23-Jul-2010 => 251
L1-B Employer1 16-Aug-2010 13-Jan-2011 => 151
L1-B Employer1 13-Feb-2011 04-Jul-2011 => 142
L1-B Employer1 18-Jul-2011 04-Jan-2012 (Continued to stay in the US, only changed employer)
*** H1B Approved from Employer2 with petition start date as 04-Nov-2011 ***
H1-B Employer2 05-Jan-2012 20-May-2012 (Continued to stay in the US, only changed employer)
*** H1B Approved from Employer3 with petition start date as 18-Apr-2012 ***
H1-B Employer3 21-May-2012 15-Oct-2013 => 821 (712 days since 04-Nov-2011)
H1-B Employer3 11-Nov-2013 01-May-2014 => 172
H1-B Employer3 13-May-2014 29-Aug-2014 => 109
H1-B Employer3 01-Sep-2014 09-Jan-2015 => 131
H1-B Employer3 25-Jan-2015 15-Oct-2015 => 264 (Tentative date to leave US for next 1 year)
Total Stay in the US => 2185 days
Total Stay in the US since 04-Nov-2011 => 1388 days
As you can see that my first H1-B petition was approved from 04-Nov-2011 but since I have completed my
6 years of stay in the US (L1-B and H1-B stay together), I will need to go out of the US for an year. I am planning to leave US on
15-Oct-2015 and come back after 16-Oct-2016.
My question is that, since my H1-B was approved on 04-Nov-2011, will I be able to get an extension on my current H1-B without going
through the H1-B cap and if so for how many days will I get my extension ?
1. Another full 6 years ?
2. 6 years minus the time I had stayed in the US in my current trip since 04-Nov-2011 (6 year minus 1388 days) ?
3. Only up to 03-Nov-2017 (6 years from 04-Nov-2011)
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Just added the txt file for better formatting of the question.
Expert:  Judith replied 1 year ago.

For each visa status please give me the following. The above is all running together.

Do each entry and corresponding departure departure date on one line.

Example

L1B entered US 12/31/2011 Departed 4/06/2012

that is all the information I want.

Thank you.

Judith

Customer: replied 1 year ago.
Hi Judith,Here are the dates..L1B Entered US 10/23/2008 Departed 03/15/2009
L1B Entered US 11/15/2009 Departed 07/23/2010
L1B Entered US 08/16/2010 Departed 01/13/2011
L1B Entered US 02/13/2011 Departed 10/15/2013 ***
H1B Entered US 11/11/2013 Departed 05/01/2014
H1B Entered US 05/13/2014 Departed 08/29/2014
H1B Entered US 09/01/2014 Departed 01/09/2015
H1B Entered US 01/25/2015 Departed 10/15/2015 (Departure date is tentative)*** Change of status from L1B to H1B approved with start date as 11/04/2011.Let me know if you need any more information.Regards,
Manoj Mishra
Expert:  Judith replied 1 year ago.

Makes it so difficult when you run all the dates together instead of doing a line by line

Date of entry - Date of departure

Dage of entry - date of departure.

I will work on this sometime today.

Judith

Customer: replied 1 year ago.
I am sorry.. but to me it does show line by line entry of dates and not as if running together.. I am attaching a separate Visa_Entry_Departure_Dates.txt file.. hope that will resolve formatting problems.
Expert:  Judith replied 1 year ago.

Sorry about that. I have already hand written out the dates in line by line format and will work on the date to day duration calculations. I just didn't want to make any errors with transposing the numbers.

I will be back to you shortly.

Judith

Expert:  Judith replied 1 year ago.

Here are the # ***** days I have calculated you to be in the US

10/23/2008 - 3/15/2009 = 143

11/15/2009 - 7/23/2010 = 251

8/16/2010 - 1/13/2011 =151

2/13/2011 - 10/15/2013 =976

11/11/2013 - 5/1/2015 = 172

5/13/3014 - 8/29/2014 = 109

9/01/2014 - 1 09/2015 = 131

1/25/2015 - 10/15/2015 = 264

TOTAL # ***** DAYS = 2197

TOTAL # ***** DAYS IN 6 YEARS (365 X 6 ) = 2190

I do not see any time remaining and in fact I see you are over the 6 years by 7 days if you depart on 10/15/2015.

Judith

Customer: replied 1 year ago.
Hi Judith,I seem to have missed one record as in below, sorry about that..
L1B Entered US 02/13/2011 Departed 07/04/2011
L1B Entered US 07/18/2011 Departed 10/15/2013Also, my question is not about remaining days in my current stay of 6 years. I know I will be completing my 6 years of stay around 10/15/2016 and that is why I will be leaving the US and stay out of the US for a full year before exploring options to come back.What I want to know is that if I want to come back after 10/16/2017, can I use my current H1-B to get another extension on that? Please note that my first cap subjected H1-B was approved on 11/04/2011 and I was on L1B prior to the H1B approval.Regards,
Manoj Mishra
Expert:  Judith replied 1 year ago.

I'm sorry, I spent a great deal of time calculating the time as per your specific dates.

If you would like to relist the question after rating my previous answer I wil be happy to start the calculations all over again.

Please provide me a new accurate text attachment with the new posting.

Please understand we are not paid a salary and just as you consider your time valuable and expect to be paid for it it is no different for us. So far for all the time I have invested in your low value question, I have not earned anything.

Thank you.

Judith

Judith

Customer: replied 1 year ago.
Hi Judith,If you go back and look at my first post correctly, I had uploaded an attachment - Attroney_Question.txt where I had mentioned my dates and even calculated number of days. My question was never about the time/days remaining in my current 6 years of stay as I have already calculated that.I want to know about my options of coming back to the US next time using my currently approved H1B. I will see if I can rate this question and ask another one however I do not believe that my question has been answered.Regards,
Manoj Mishra
Expert:  Judith replied 1 year ago.

will I be able to get an extension on my current H1-B without going through the H1-B cap and if so for how many days will I get my extension ?

I answered this with no, you have completed 6 years.

You have to stay outside the US for one year AND enter the visa lottery again for a new 6 year period.

Judith

Customer: replied 1 year ago.
I will be posting my question again, please DO NOT answer that question, I want some other views on that. You seem to be prejudging the scenarios.

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