6th year h1 clarification

[kizakka]

I wanted to present the following details about my friend and would appreciate if you could suggest possible alternative

1 He came on h1 in may 1998

2 He switched jobs and got h1 transferred every time

3 the most recent h1 extension is valid upto june 2005 and I94 and visa issuedmby State department are all valid upto june 2005 ---although his 6year period of h1 stay will complete in may 2004

there is no LC filed

4 In the mean time he got another job and has applied for h1 transfer and the receipt date is dec2003 and probably the decision will be known in june 2004, considering the current delays in processing Not known if the employer in their h1transfer petition --- captured about about 100 days he was outside usa .If not done already is it feasible now or not?

Which of the following option of action is the best

A) Wait till the current H1 transfer decision is known and then decide accordingly the course of action

B) There is a possibility to join a college on I20 and apply for F1 Student visa before six year limit ends in may 2004

C) The last h1 is valid upto june 2005 and therefore safe to wait for that period

D) Since the 6year limit will be over by may 2004 ,leave the country

vadak

 

[ginnu]

Originally posted by vadak
I wanted to present the following details about my friend and would appreciate if you could suggest possible alternative

1 He came on h1 in may 1998

2 He switched jobs and got h1 transferred every time

3 the most recent h1 extension is valid upto june 2005 and I94 and visa issuedmby State department are all valid upto june 2005
---although his 6year period of h1 stay will complete in may 2004
***** do you mean his H1 got extended more than 6 years? or he recaptured the time spent out of US? did you count the date of 6 year from first entry to US?
there is no LC filed
------do you mean no LC filed for him by ANY employer in the past? If any employer filed LC in past for him then let us know

4 In the mean time he got another job and has applied for h1 transfer and the receipt date is dec2003 and probably the decision will be known in june 2004, considering the current delays in processing Not known if the employer in their h1transfer petition --- captured about about 100 days he was outside usa .If not done already is it feasible now or not?
----- it depends, how the lawyer wrote the letter for recpturing the days spent out side and attached all his passport pages stamped on Entry to US, if not argued and not documented by lawyer they may not allow to recapture the days spent out of US, all depends how his case is presented to USCIS

Which of the following option of action is the best

A) Wait till the current H1 transfer decision is known and then decide accordingly the course of action
------ that is correct
B) There is a possibility to join a college on I20 and apply for F1 Student visa before six year limit ends in may 2004
----- He may try it but i have seen many F1 rejected if hiting 6 year on H1 and then file for F! and F1 status does not have dual intent, he can not file GC on F1
C) The last h1 is valid upto june 2005 and therefore safe to wait for that period
----- why dont you request your employer to file LC ASAP??? so that LC can hit 365 days before his H16 year and he will become eligible to file 7th year H1 extension.It seems your "friend" has been Jumping employers that is the reason no employer filed LC for him.
D) Since the 6year limit will be over by may 2004 ,leave the country
----- read above, count the 6 years from date of entry and if the new H1 tranfer gets days spent out of US recaptured
vadak