6 years expired or is it? (pls Help)

U

ulysis

New Member
Hi,

I have a unique situation. As of Aug 14th 2002 my 6 yr limit has been reached. However INS has issued me a work permit till Sep 25th 2003 as of my last change of H1 to a different company.

My I140 has been applied from NJ only in Apr 2002.

However I do have about 3 months of vacation time I can claim. (1 1/2 months each on two vacations)

When I brought this to my lawyers attention in Aug, the reply was not to worry and lay low and do not leave the country.

But as of last weekend the same lawyer calls me back and suggests I should go on B2 till Apr2003 to fulfil my 365 day in file for my 7th year H1 visa extentsion.

Please help since I am all out of options as my lawer messed up my options.

I will greatly appreciate any help in advance.

Thanks

:( :confused: :mad:
 
How will going on B2 help? I thought you could get 7th year H1 extension only if you filed LC before 365 days of 6 year term expiration. Can you even get B2 after being on H1 for so long (and though the form doesn't ask if you have an LC pending), and you may be asked in an RFE whether you have a pending LC - this last part is just my guess, I don't know if they really would ask that.
 
Hi Jim,

How will I be able to apply for I-485 without having the LC cleared?

Or is there a way to do it?

It's very confusing since my case doesn't fall in any of the usual category.

Your help is greatly appreciated.

Thanks

Ulysis
 
Hi Sheila000,

You raise a very good point that I am sure my present lawyer doesn't have an answer for.

I think at this point my best option would be to play ignorance and be quiet till Apr2003, since I do have a valid work permit till then. However I don't know if my lawyer would play along.

I am willing and ready to transfer my case to any law office or lawyer that can help me with this situation.

It is depressing after all these years I have to go back for this stupid clause.

Here we are helping the society by paying taxes but never dipping into the system and we get penalised by these stupid laws which doesn't have any valid base to them.

I am very frustrated by this.

Your help is very much appreciated.

Thank you

Sicerely

ulysis
 
You said you had filed an I-140. How did you do that without an approved LC? Did you file an EB-1 or an NIW?
 
Hi all and Jim,

A correction. It isn't I140. It's LC.

It's a mistake from my side. Please advice after the correction.

Thanks

Raghu
 
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