6 yr H1 limit about to expire. No PR application yet. Is there any way to keep status legal? Emplo

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Tom B

Registered Users (C)
My Indian friend is currently on H1 Visa employment status. He has few months before the alleged 6 yr limit expires. Is there any way that the status could be kept legal being in US. I believe his labor certification cannot be processed in the time remaining.

First of all what exactly marks the 6 yr limit? Does it start from the date he entered US for the first time? What if he came in and out for a couple of times?

Is there a way to change the visa status to business visa or something else that would keep his status legal in this country?

Any suggestion would be of great help.
 
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Immigration Issues Experts!

Please let me know any information that can help.

Also let me know if nothing can be done. I would, however, assume that there is something that can be done.

Please help.
 
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I don\'t think there is nothing much your friend can do. It is my personal understanding that if he has not started the labor 365 days ahead of his expiry date, he cannot stay in H1. I\'ve heard about people going to F1 (Student) to remain in the country.

But he can come back after a year and start the 6 year clock all over again.
 
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All such time that is spent outside US while on H1 can be reclaimed. Besides that I do not know how your friend can stay longer.

ak007
 
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Thanks ak007!

I asked him to count all the days spent outside ( based on the passport stamp dates ) and it comes out to be surprising 5 months. Which means that if we file the labor now, and if the attorney can successfully recmail these 5 months, we should have more leverage. Plus if it does not give full 365 days until the PD, I can have him spend some time outside US on an overseas assignment between now and the end of May 2001 that is when his 6 year limit expires.

You think that will work?
 
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Another Question...

I asked him to count all the days spent outside ( based on the passport stamp dates ) and it comes out to be surprising 5 months. Which means that if we file the labor now, and if the attorney can successfully recmail these 5 months, we should have more leverage. Plus if it does not give full 365 days until the PD, I can have him spend some time outside US on an overseas assignment between now and the end of May 2001 that is when his 6 year limit expires.

You think that will work?
 
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check out the new law extending 245(i).. it will help!!!go to shusterman\'s site faq\'s on this new law.. if he files his LCA before april 2001 thats right 2001 he can qualifily for this 245(i).. but the faqs are a must read!!
csg
 
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Mark,

Check out I-539/B1... extension of visa to wind up .. your friend could get around 3 months extension. He cannot legally work during this period.

Siva
 
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