6th year in H1b, F1 issue earlier, pls help!

T

tpauser

Registered Users (C)
Please bear with me as its sort of a long story to fully explain my case:

I came to U.S. on H1 in June 2000, worked with a company for around an year, then went for completing a 1-year Masters degree. I applied for a "Change in Status" from H1 to F1 in August 2001, got a postmarked receipt from the INS Center in New York.
I went on to pursue Masters in August 2001, but did not get any other documentation or approval from INS. I tried to find the status of my case, but could not find anything from the New York INS office.
In October, I received a letter from INS that I have filed "Change in Status" application at wrong place, and should file with "Vermont Service Center". I filed at "Vermont Service Center", and that time, was already studying at school. I received my F1 approval in April, 2002.
I completed my masters course in August 2002. Another company filed for change of status from F1 to H1 in July (premium processing) and I again went back to H1 in August 2002.
Now, after such a long story, I have the following questions:
1) Would my H1 time between August 2001 and April 2002 be counted towards my 6 years H1 time?
2) My H1 expired on 7/31/2005, and I got an H1 extention (on I-94) till 12/25/2006. My lawyer says that my 6 years end on 8/31/2006, although I-94 and I-797 states 12/25/2006. Isn't my H1 actually valid till 12/25/2006 (and my 6 years end then)?
3) Because of above mentioned problem with F1 filing, could there be any problem with Labor certification or GC filing in the future?

thanks in advance for your help.
 
tpauser said:
Please bear with me as its sort of a long story to fully explain my case:

I came to U.S. on H1 in June 2000, worked with a company for around an year, then went for completing a 1-year Masters degree. I applied for a "Change in Status" from H1 to F1 in August 2001, got a postmarked receipt from the INS Center in New York.
I went on to pursue Masters in August 2001, but did not get any other documentation or approval from INS. I tried to find the status of my case, but could not find anything from the New York INS office.
In October, I received a letter from INS that I have filed "Change in Status" application at wrong place, and should file with "Vermont Service Center". I filed at "Vermont Service Center", and that time, was already studying at school. I received my F1 approval in April, 2002.
I completed my masters course in August 2002. Another company filed for change of status from F1 to H1 in July (premium processing) and I again went back to H1 in August 2002.
Now, after such a long story, I have the following questions:
1) Would my H1 time between August 2001 and April 2002 be counted towards my 6 years H1 time?

Yes. of course you are in H1.
2) My H1 expired on 7/31/2005, and I got an H1 extention (on I-94) till 12/25/2006. My lawyer says that my 6 years end on 8/31/2006, although I-94 and I-797 states 12/25/2006. Isn't my H1 actually valid till 12/25/2006 (and my 6 years end then)?

Out of tatal 6 yrs H1 you are in F1 just 4 months only, in this case if you recapture those 4 months still you can stay up to Oct 2006 only not DEC 2006.
3) Because of above mentioned problem with F1 filing, could there be any problem with Labor certification or GC filing in the future?

Since you studied as full time student while you are in H1, you are technically out of status. If INS verify your paystub or W2 during this period you do not have any proof of h1 with paystub
thanks in advance for your help.
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