I129 Petition Validity on I-797


My I129 Petition has been approved and it is valid from 12/19/2011 to 02/28/2013,so it expired and even my visa validity was for same day i.e 02/28/2013.But I have learnt that in H1B Visa one can stay in US for 6 years. I was in USA for 5 Month. Now I'm back to India.

My Ques is -

Whether I will be able to stay for rest of the rest 5.7 Yrs. And if this petition will work for renewal.

Much Thanks,


Yes you will get the remaing time next time you come back, infact if you reside one year outside US then the 6 year clock restarts. This petition will work for renewal as well as transfer.

Actually the clock will restart only if you stay outside for more than 1 year and go through the cap again.

Yes Saurabh is correct on this one.