Milind Bhave
Registered Users (C)
Hi All,
After first coming to the US on an L-1, I went back to India and worked for 8 months
and then returned on an L-1. Counting from the date of first entry, my 6 years completed
in Aug 2002. After changing from L-1, I was working for company A on an H-1 with 1-94 valid
until Dec 3, 2002.Also an LC filed by company A is pending with priority date in
Jul 2001. I was laid off by
company A towards end of Sep 2002. I joined company B in Oct 2002 and H-1 transfer app was filed in Oct 2002.
Also a new LC has been filed by company B with PD Dec 2003. Now I have received a RFE
on my H-1 extension, saying that my six year period was already over in Aug 2002, and why
should I
be given my extension. I have proof of my stay in India ( tax returns I filed while I was
in India, letter from my employer there stating the period during which I worked in India.)
for 8 months. If these 8 months are added, I have time until Apr 2003.
My first concern is am i out of status now? If not, will I be out of status if INS refuses
to allow me to reclaim the 8 months period. Will the 180 days / 3 year bar rule apply
to me in such a case ?
BTW, my LC application from company A is still pending ( with PD Jul 2001), but company A might shut its doors by Feb latest. can i try getting 7th year extension based on that labor.
What are options here ? Please help !
Thanks in advance,
Mili
After first coming to the US on an L-1, I went back to India and worked for 8 months
and then returned on an L-1. Counting from the date of first entry, my 6 years completed
in Aug 2002. After changing from L-1, I was working for company A on an H-1 with 1-94 valid
until Dec 3, 2002.Also an LC filed by company A is pending with priority date in
Jul 2001. I was laid off by
company A towards end of Sep 2002. I joined company B in Oct 2002 and H-1 transfer app was filed in Oct 2002.
Also a new LC has been filed by company B with PD Dec 2003. Now I have received a RFE
on my H-1 extension, saying that my six year period was already over in Aug 2002, and why
should I
be given my extension. I have proof of my stay in India ( tax returns I filed while I was
in India, letter from my employer there stating the period during which I worked in India.)
for 8 months. If these 8 months are added, I have time until Apr 2003.
My first concern is am i out of status now? If not, will I be out of status if INS refuses
to allow me to reclaim the 8 months period. Will the 180 days / 3 year bar rule apply
to me in such a case ?
BTW, my LC application from company A is still pending ( with PD Jul 2001), but company A might shut its doors by Feb latest. can i try getting 7th year extension based on that labor.
What are options here ? Please help !
Thanks in advance,
Mili