6 yrs expired, H1 issued/stamped for more than 6 yrs, and Labour for GC cleared

S

skaruney

New Member
6 yrs expired, H1 issued/stamped for more than 6 yrs, and Labour for GC approved

My initially entry to USA was on April 14, 1997. Since then I spent 5 months out of US thus extending my H1-B 6 year term to September 14, 2003. When I got my last H1-B approval through current company, INS made a mistake and issued approval with validity till April 14, 2004, which should have been valid only till April 14, 2003. Neither company attorney nor I have noticed this until recently. Last week (July 11, 2003), my labor was approved by DOL filed on October 2002.

With that being said, here are my concerns that are bothering me:
1) Am I on Legal Status still?
2) Was it my attorney’s fault not letting INS know about the mistake they made? How INS dealt with this type of situation in the past? Will I be a Scapegoat?
3) Can I apply for 7th year H1-B extension and still get an approval?
4) Can I file I-140 and I-485 now?

I appreciate all your help in this regard.
 
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1. Not is my strong guess
2. BCIS/Legacy INS always issues H1Bs for the time asked. It is upto you to count the 6 years. Did you provide proof of that 5 month period out of US, while applying for the 6th yr visa.
3. You can try. But since you overstayed on your 6 yr limit, your mistake can be caught any time and BCIS can take any action it deems fit
4. Yes. you should.

Also consult another lawyer and get a second opinion.
 
Thanks for the quick reply jaxen,

1 Yes i did mention that i am out of the country for five months when i applied for 6 th yrs visa, how ever i did not sent any proof apart from the passport. Will the Passport be sufficient proof for them extend beyond 6 yrs ?

2. Also my wife is on H1 B status, and she has another 3 yrs for the 6yrs clock to expire, and she applied for Labour (green Card) in may 2002 and still pending with Federal, Is there any way that i can make use of her status like changing to F1 or H4, and when i get EAD (through my applying I140/i485) i can change back and work on EAD, pls let me know ?

I once again thank you and appreciate for the quick reply.
 
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U can use ur wife's status and convert to H4.
But, u cant work on H4 and will lose ur H1 status - so u cant file for 140 or 485 as a primary applicant.
 
Re: 6 yrs expired, H1 issued/stamped for more than 6 yrs, and Labour for GC approved

1)Am I on Legal Status still?
I beg to differ with Jaxen on this. BCIS made an error but you are entitled to recoup 5 months and therefore your h1 should have been extended to September 2003. This makes you very much in status since BCIS should and would have extended your h1 until September 2003.

2)Was it my attorney’s fault not letting INS know about the mistake they made? How INS dealt with this type of situation in the past? Will I be a Scapegoat?
It is difficult to fix blame but usually the H1 transfer petition requires a future validity date. If your attorney provided incorrect date, then he is responsible. But as I said in item 1, you are in legal status.

3)Can I apply for 7th year H1-B extension and still get an approval?
Yes, you can do so but I think you will have to first file I-140.

4)Can I file I-140 and I-485 now?
Of course you can.
 
6 yrs expired, H1 issued/stamped for more than 6 yrs, and Labour for GC cleared Repl

Just want to share with all of you that i got my GC stamped on passport on 12/20/2004.

Details: I-140 approved on NOvember 8 2004, and I-485 approved on November 24 2004. ( concurrent filling done on october 8 2003 at vermont )

Thanks for all the suggestions given.

:)
 
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