How to Calculate the 6 year extension for H1B CAP?

I got my H1B visa 4 years and arrived here  in the USA 2 years ago. Which should I count to calculate the 6th year of my H1B extension CAP –  the date of original visa issue or the date of arrival in the US? FYI – I have not filed for green card.

Asked on November 4, 2011 under Immigration Law, New Jersey

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Only time you actually spend in the US in H-1B  status counts toward the 6 year maximum so you would count your time from the date you actually landed in the US in that status, not when the petition was filed and approved.  Any time you subsequently spend outside the US you can also recover toward that 6 year  maximum stay in H-1B status.  You can file the application for the green card anytime but in order for you to be eligible for extensions of stay in H-1B status beyond the 6 year  maximum, an application must be filed on your behalf at least 365 days prior to the expiration of your 6 year maximum.


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