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
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