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ASK VISALAW.COM
Each week we answer questions provided to us by Y-Axis as well as from our web site’s message board.  Y-Axis is an H-1B jobsite that provides a direct interface for the H 1B holders and aspirants with leading Consulting Firms and US End-Clients/Recruiters.  The website is www.y-axis.com.
I am nonimmigrant worker on H1B1 visa.  I work for company X last seven months.  Now company Y is starting to get new H1B1 visa for me.  My questions is can I get H1B1 visa extension after 3 years working for company Y and how much time can I spend in company Y on H1B1 visa after cancellation in company Y? – Alex

The six-year limit on time in the US on H-1B status depends solely on the nonimmigrant, not on the employer.  Regardless of how many companies a person works for, the maximum period of time he can spend in the US in H-1B status is six years.  So Alex, after working for seven months for company X, you could work a total of five years and five months for company Y.  However, in a situation where the employee is changing employers, they must be careful to maintain valid nonimmigrant status throughout the process.  If a person is no longer working for the petitioning employee, they are out of H-1B status.  The easiest way to avoid this is to apply for a tourist visa before leaving the first company.  Another benefit to doing this is that you gain a few extra weeks out of H-1B status, time that can be added to the employment with the second company. 
 
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