Please find our answer below:
Question: Since my Visa is expiring soon, I am applying for H1B extension in 2017. Please clarify what would be the duration for which I would receive the extension for? Total years spent in U.S since 2007 is (3 + 1 = 4 years); Total year spent only considering last 6 years window = 1 year.
As you already spent 4 years of your H-1B, you will only receive 2 years extension.
However, one of the immigration attorney mentioned that I would be able to get extension for full 3 years, reason being - it's usually evaluated in the last 6 years period how many years was spent in U.S i.e. 1 year only, hence I should be eligible for 5 more years. Is this true ?
This is only possible for those individuals who left USA for more than one year and again filed the H-1B under new H-1B quota. In your case this is not applicable as you have filed H-1B quota exempt petition in 2014.
When determining the extension validity, will the total years spent in the U.S be considered (or) will the total duration spent in the U.S only in the last 6 years window be considered?
H-1B is only for 6 years, you can only recapture the time to fulfill the 6 years period.
Secondly, one can extend his/her H-1B status even beyond maximum 6 years of authorized stay, provided she/he has an employment based green card petition filed on his/her behalf.
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