6 yrs expiring in Dec; H1 extended for 3 more yrs

mitr

Registered Users (C)
My profile:

    CSC, EB3/Reg/India, PD: 04/24/97 (not current), I140 RD/ND: 7/2/99 (not approved yet).
    6 yrs limit till: 12/31/2000

    My current H1/I94 was till Aug2000, so my attorney applied for an
    extension. Ideally it should have been issued till Dec200 because of my
    6 year limit. But attorney (by mistake) requested for a 3 year H1.
    Guess what, INS approved it for another 3 years!

    Now, the probability of my PD becoming current and I140 getting
    approved by Dec2000 is slim. So I should leave the country in Dec and
    come back when my I485 is filed. But this new H1 approval means that I
    can stay leagly for another 3 years.

    I spoke to my attorney. She says, as she is my attorney, she can not
    advice me to stay beyond the 6 year limit, even though I have a valid
    H1B1 visa. But she said if you get a second opinion from another
    attorney, it will be better. Some agressive attorney might say that INS
    overlooked your 6 year limit and its their fault that they issued a 3
    year visa. Some other attorney might say that my attorney did not
    misrepresent me and I should be able to defend myself if INS questions
    me at a later stage during my I485 filing etc.

    Any experienced people out there??

    Thanks in advance.
    -Apka Mitr
 
No Title

Even if INS made a mistake and extended your H1 3yrs beyond the 6yr limit,
I think that you are responsible for making sure you don\'t stay beyond 6yrs on H1.

If you think you can leave the country for one year, you should do it. You are
taking a chance, if you continue staying on H1 after 6yrs. You never know
what could happen during your GC interview (if there is one for you).

The fact that your own lawyer did not suggest you to stay beyond 6yrs
should give some hints.

Good luck.
 
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