Discussion for guys whose H1 visa expiring soon - New Thread

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Vish Somanath

Registered Users (C)
Guys,
 My H1 visa and I-94 expires on Aug 8, 2002 (6 years complete). I have applied for CP at Chennai and it is in NVC for P3 review. I think it may take another 2-3 weeks for them to review and send it to Chennai consulate. My question to you is:
1. If I don\'t get my interview date before Aug 8, 2002, what course of action should I take?
2. Is there any way whether H1 can be extended?
3. Do I need to have a unexpired visa when I go for CP?

I appreciate your valid input in this regard.
Thanks
Vish
 
you need to go to India..

if your interview dates are not before visa expiry, you need to go to India.
I dont think u need an unexpired H1 for CP.
Obviously,God forbid, if you have any problems with CP you cant come back...

Shanks
 
No Title

I believe you can extend your H1 visa for another 1 year even after 6 yrs expiration since you have already applied for GC.
Please consult a lawyer.
 
Hi Shanks

Shanks,
 My case was created at NVC on 1/21/2002 and I received the P3 from them on 1/28/2002. It took only a week.
Thanks Vish
 
Hi Raja,

Raja,
 Do you know anybody who extended their H1 visa for an year after applying for CP? Please let me know.
Thanks
Vish
 
I got my H1 extended beyond 6 yrs, but that was at the 140 stage itself

Techinically, you can get it extended even if you have applied for CP since you haven\'t applied for AOS (which allows you to stay). But if it required... its your choice. IMHO, worst case you may have to be in India for a month or so.... a very nice opportunity for a good vacation (as long as that is ok with your company) :)
 
h1b

I had the same issue.
My interview was 15 days after the expiry.
On the day of expiry, I left for India. No extension filed for h1b.
No problem in the interview.

Take a look at this incase you cannot file for extension:-

"Prior to 1 October 1997 an immigrant visa applicant who did not
maintain lawful nonimmigrant status at the time of his departure from the U.S. had to wait 90 days outside the U.S. before he was eligible for consular processing.
        This old Section 212 (o) "sunsetted" on 1 October 1997 and has not been extended. Therefore, unlawful presence in the U.S. of less than 180 days does not present an obstacle at a consular immigrant visa interview."
 
Hi Rajesh

Thanks for your reply. As you said it would be a nice vacation at India and my company doesn\'t mind that, but can I attend the CP interview at India with expired visa? I thought you need to have a valid visa during CP interview. Do you know anything about that?
Thanks in advance.
Vish
 
I am also in the same boat as Vish

My 6 years on H1B expiring on August 20th, 2002. My I-140 at TSC with ND 11/15/01 has been transferred to VSC on Feb 14th. VSC Receiving date is Feb 27th.

I have no idea when my I-140 will be approved. It takes 4 to 5 months to get the CP interview from Chennai after I-140 is approved. If I get the interview date, before August 20th, it will be fine. Otherwise, I have to apply for 7th year H1B renewal before
August 20th, 2002.

What should I do?. Should I apply it right now for renewal or wailt until August 1st week to see if I get an interview before Aug 20th?
 
No Title

GC1,
I think you should apply for h1 now. Once your 140 is approved, you cannot. I was in the same situation last year. I applied for my 6th year extension 3 months before my H1 expired. I was in 140 stage.

Currently my 824 got approved. My 7th year extension expires in July. I am wondering if I can apply for my 8th year extension.

Any suggestions/comments from anyone?

MS
 
H1 extension after 6 years

Hi guys
My 6 years is expiring on Sep 1 2002. My I-140 was approved just today from TSC. I have opted for CP from Chennai.

I have talked to my lawyer and also did some extensive research on the immigration web sites. this is what i found out .

You can apply for 7th year extension as long as your priority date is atleast one year old. Priority date is the date your labour was received by the state.

So if you 6 years is expiring on Sep 1 2002 you must have filed your labour on or before sep 1 2001 .

You can be in any stage labour or I-140 or I-140 approved and waiting for CP interview it doesnt matter , still you can file for 7th year extension
 
How many months in advance you know the interview date?

Thanks Natsamp. It is a good news for me.
BTW, where did you find this information?

I also talked to my lawyer. He said, even if
I-140 is approved, I can file for 7th year H1B extension.
As I said earlier, If I get the interview date before
my 6 years expiration date i.e. Aug 20th, I will be okay.
Otherwise I will apply for 7th extension around Aug 1st week.

My question, how soon you know the interview date?
I mean do you get to know the interview date atleast one month
in advance?
 
Did you apply for H1 extension at this stage?

Hi,
 Please let me know whether your lawyer has applied for a H1 visa extension after your 140 approval. I think in your case you have to do it because it is more likely taking the current processing timing into consideration, you will pass the Sep 1, 2002 deadline before CP interview. Many folks in this forum wants to know whether it is possible to extend your H1 after 140 approval (only CP\'ers) or not? and is there anybody who have done it. I appreciate your post in this regard.
Thanks
Vish
 
Vish

There is no requirement that you should have a valid US visa at the time of CP. What they may check is have you been out of status while you were in US on H1, which in your case, if you go back when your H1 expires, you should have no problem.
 
GC1 / Vish

Depending on which consulate you are applying to, you will get to know your interview date about 1 month in advance (for example Chennai publishes interview dates around 15 of each month for the next month and EB cases are generally scheduled after 15 next month).

Vish, as others have mentioned, it is possible to apply for your H1 extension even after I140 approval.
 
Rajesh one more question

Rajesh,
Thanks for your reply. Do you know anybody (CP-ers after 140 approval) who has extended H1 visa for a year beyond 6 years duration? My lawyer is still finding the possibility. Please let me know.
Thanks.
Vish
 
No Title

Natsamp,
Can you shed light on where you got the info about 7th year extension while waiting for CP. I need to pass this info with proof to my attorney.

Thanks in advance
MS
 
I don\'t know of a specific case where a person has applied for H1 extention

"after" I140 approval. I guess they would have already played it safe and applied earlier :) In my case, I had applied for I140, waited for about 2 months and since I wasn\'t hearing any news, applied for my H1 extension. I140 approval came a couple of weeks later. H1 took another month or so. As such, I don\'t think there is any relation to I140 being approved or not. As long as you had applied for labor atleast 1 year before H1 exporation and you have that cleared, you should be ok.
 
Need info about extension of H1 after 6 years for CP-ers

Hi,
 Can anyone who has done H1 visa extension beyond 6 years (CP-ers after 140 approval), throw some light on how they did it? I want to pass this info to my lawyer.
Thanks in advance.
Vish
 
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