View Full Version : When to start counting 6 years on H1B?
10-27-2009, 10:14 PM
My first H1B fell in the 20,000 cap for Master or higher degree applicants. The effective date for the 20,000 cap was March, 2005. I received I797A form in July. On the I797A form showed VALID FROM 7/11/2005 TO 3/7/2008. Should I start to count the 6-year from 7/11 or from March?
Thank you very much for your help.
10-28-2009, 07:20 PM
I am not sure what you mean by the statement "The effective date for the 20,000 cap was March, 2005"
However, you would count your six years starting from the first day you were in the U.S. in H-1B status. So if you did a change of status and your I-797 had an attached I-94, then your start date would be 7/11/05. If your I-797 was approved for visa issuance at the consulate and you got a visa and entered the U.S., then your start date would be the day you entered the U.S. using the H-1B visa.
*You should not rely on this information without first consulting with an immigration law attorney. This information is not intended to create an attorney/client relationship.
10-28-2009, 09:18 PM
Thank you very much. The information is very helpful.
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