Whether below one month will reflect in total 6years stay in h1b visa or not?
ex. I got to know h1b allows you to stay 6years totally. in my case,
- I went to US July’18
- Return back on July’19.
- I got pay till Aug’19 due to i have applied leave. So there is one month diff in passport and payslip.
Going forward How many years i can stay, whether i can stay remaining 5years or 4.9years ?
(total period) 6 - 1(actual stay as per passport) = 5 years
(total period) 6 - 1(actual stay as per passport) - 1 (as per company)= 4.9 years
Whether USCIS consider passport date or company paid date
You stay is counted based on your I-94 Entry and Exit dates from US on H1B visa. You need to use that.
Check the day you entered US on H1B and when you exited. Use those dates for counting the stay spent in US so far…
here is another question.
does Extension status wait/processing time will also counted as total US stay? from your above answer i understood, that also included, but how they know i left US on this date. Incase after 6yrs, if i stay who will catch me?police? if police how they calculate the dates(from my passport entry exist seal)
eg. Extn applied on Mar’19, So 5 months will also be counted in total 6 years US stay or not.
Any time you spent in US on H1B visa status is counted. Includes, the time you were on H1B and waiting for extension approval.
Usually, you will NOT get approval beyond 6 years, it is not about catching…when you exit the country, it is automatically tracked as the flights share info of your travel with the Department of State and then to USCIS…