How is the left over years calculated?

[aspengal]

What is the name of your state? IL

Dear Lana,

My 1st H1 B started Aug 30 2003. SO, my 6th year ends in Aug 30 2009.
My current H1 B (switched employers) ends in July 13 2008 and my employer has to extend it. Now, question is when they extend would it be till Augh 29 2009 or INS just puts an end date based on my bday (JUly 14 2009)?

Thanks

 

[ImmigAttyLana]

What does your birthday have anything to do with the H-1B expiration date?

 

[aspengal]

Hi Lana,

Let me rephrase my question. My 1st H1 Valid Date per I 129 is 09/30/2003 - 06/25/2006. Then I got it extended and it expires 07/2008. Now, I have to get it extended for one last time.

My question would be when does my 6 year H1 B ends? Is it going to be based on the 1st
H1 B Receipt Date (which is around 06/25/2003) or does it depend purely on the approval date and so 09/30/2009?

I started working for the employer from 04/2003.

Thanks

 

[ImmigAttyLana]

You get a full 6 years from the first date of the validity of your H-1B petition if you were in the US and changed status to H-1B or otherwise from the first date you entered the US in H-1B status. Anytime spent outside the US can be later recaptured to get you the full 6 years.