H1B activation moved in the case of Consular Processing?

Hi, I had an H1B Consular Processing approved in 2018 along with my F1 Visa. I did not activate it till 2021 since my F1 was expiring. Further I activated it by filling a CoS instead of travelling to India because of the Covid related travel issues.

I was surprised to find that my H1B NIV date moved on Fragomen, which is the firm used by my company for immigration filing. That is, my max-out date on the H1B Visa is in 2027, 6 years from the date of activation.

In contradiction, I had been informed by Fragomen in 2018 that the H1B max-out date does not change even I activated my H1B late.

I am confused. Does anyone know the policy on this?


After the approval of H1B, once the beneficiary starts working on H1B, the time spent in the H1B employment in the US is counted against the 6 years H1B term.
For e.g. say H1B was approved on Jan 2015 however, the beneficiary travelled to the US in Jan 2016 to work for employer and worked till Jan 2018. However took vacation of three months in his/her home country during this period. In this case those 3 months wont be counted against the 6 years H1B term.