Miscellaneous

How is H1B duration calculated?

How is H1B duration calculated?

To calculate the amount of time you have used from your H1B add up all the days you were physically present in the US in H1B status (or in L1 status). Days you spent outside of the US on vacation do not count. Days you spent outside of the US travelling for work (even for work for your H1B employer) do not count.

How long does it take to get a 7th year H1B visa?

You can file 7th year H1B extension if your PERM is pending for 365+ days including Audit. i140 processing time is 6-8 months in regular application. i140 premium processing gets approval in 15 days. I-140 application is filed by sponsoring employer and locks your Green card priority date.

When to apply for a one year H-1B extension?

1-Year H-1B extension The foreign professional may apply for an H-1B extension past 6 years in one-year intervals. This can occur if the PERM petition or the I-140 was filed 365 days before the 6-year expiration date. 3-Year H-1B extension

Can a H-1B spouse stay in the US beyond 6 years?

In other words, the H-1B accompanying spouse cannot extend his/her own H-1B status beyond 6 years but can change the status to H-4 and remain in the country beyond six years until the green card is adjudicated. In all these cases, the aliens should maintain valid H-visa status without violations.

How long is the Perm process for a H1B visa?

PERM process has multiple sub-steps and all have to be completed by your sponsoring US-based employer, usually the same as H1B or L1 sponsor. Job Ads – 2 to 3 months PWD – Prevailing Wage Determination – Takes 1 to 3 months PERM – 4 Months

Is there a 6 year limit on H-1B status?

Subsection (b) entitled ‘Extension of H-1B Worker Status’ allows for the extension of H-1B status for an alien who qualifies under Section (a).The alien whose status expired before the one year is exempt from the six-year limit under subsection (a)’once the one year period is reached.

When does the H1B cap apply to unused time?

Cap-exempt petitions to reclaim unused time are only valid within 6 years of being “counted against the cap,” which USCIS seems to interpret to mean within 6 years of last being in the US in H1b status.

How to calculate how much time you spent in H1B?

To calculate how much time you used from your initial six years, add up the total amount of time you spent 1) physically present in the US, 2) while in H1B or L1 status.

1-Year H-1B extension The foreign professional may apply for an H-1B extension past 6 years in one-year intervals. This can occur if the PERM petition or the I-140 was filed 365 days before the 6-year expiration date. 3-Year H-1B extension