My labor (RIR) was adjudicated in about 361 days, about 4 days short of the 365 days needed to extend H1 status beyond 6 years. Will I stand a chance if I try to get 7th year extension on the basis that 4 days is not enough time to file I-140? My attorney says yes, we can try, but what do you guys think?
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
7th year H1-B
- Thread starter sheila000
- Start date
sheila, if I understand you correctly, you're at the INS stage and have filed your I-140? I thought the "old" AC21 law said that you were eligible for an extension if you have an I-140 or adjustment of status pending. Is you lawyer saying that the I-140 should be approved, not pending? Hope the lawyer is wrong, since you wouldn't have to wait (like some of us) for the new law to be implemented.
Yes, I do have an I-140/485 (concurrent) pending. So if my labor had just been adjudicated 4-5 days later, I would have been eligible. I'd like to extend my H1-B just in case the I-140 doesn't work out.
As for the new law about labor pending over 365 days (without I-140 pending), its been signed by the pres. and should be in operation now, shouldn't it. Anyway, it doesn't apply to me.
As for the new law about labor pending over 365 days (without I-140 pending), its been signed by the pres. and should be in operation now, shouldn't it. Anyway, it doesn't apply to me.
I have a strange situation here. My H-1B expires in January 2003 (completing 6 years), and during my 6 year stay in the US, I've been out of country (been to India) for the following durations.
9 months, starting Jan 1998
1 month, March 1999
1 month, May 2000
1 month, Oct 2001
My attorney says she is gonna file for an extension for the 9 month period, as that seems "related to my job" (her logic being: I was working for company 'A' prior to my coming to the US; then, the same company 'A' which has a sister concern, company 'B', got my H-1 through company 'B' and I came to US and started working for company 'B'; a year later, I went back to India and resumed my duties with company 'A', and worked with them for 9 months. Later, I came back to US through another company 'C'). She says I cannot get an extension for the three 1 month vacations, because they were for "personal reasons".
My present employer agreed to file for my Green Card, and my company's attorney filed my labor last month (October 28, 2002 being my priority date).
If I manage to get the 9 month extension (which my attorney says I will), my stay in US will get extended till October 19, 2003 -- which is just 9 days short of the 365 day period required in order to make use of the new HR2215 provision, that allows for the 7 year H1-B extension.
I do know a friend who got his H1-B extended even for the 1 month long personal vacations that he took during his stay in the US.
Do you know if there is any such law that prevents from getting H-1 extended through credits for personal vacations?
I appreciate your feedback. Thanks.
9 months, starting Jan 1998
1 month, March 1999
1 month, May 2000
1 month, Oct 2001
My attorney says she is gonna file for an extension for the 9 month period, as that seems "related to my job" (her logic being: I was working for company 'A' prior to my coming to the US; then, the same company 'A' which has a sister concern, company 'B', got my H-1 through company 'B' and I came to US and started working for company 'B'; a year later, I went back to India and resumed my duties with company 'A', and worked with them for 9 months. Later, I came back to US through another company 'C'). She says I cannot get an extension for the three 1 month vacations, because they were for "personal reasons".
My present employer agreed to file for my Green Card, and my company's attorney filed my labor last month (October 28, 2002 being my priority date).
If I manage to get the 9 month extension (which my attorney says I will), my stay in US will get extended till October 19, 2003 -- which is just 9 days short of the 365 day period required in order to make use of the new HR2215 provision, that allows for the 7 year H1-B extension.
I do know a friend who got his H1-B extended even for the 1 month long personal vacations that he took during his stay in the US.
Do you know if there is any such law that prevents from getting H-1 extended through credits for personal vacations?
I appreciate your feedback. Thanks.
kmansari, I am trying to get credit for my vacations and business trips out of the country which total over 6 months (but in segments of no more than 1 month at a time). It is difficult to get credit for short periods as I got an RFE from VSC saying provide proof that you were engaged in employment in another country during that period and show tax filings abroad, etc. They will give you the 9-month credit but can't say about the shorter trips. When did your friend get his credit?? May be a long time ago as VSC is being more strict these days. Other centers are not as strict I think. You should definitely try. When you file for the 9 month extension, do include the other trips - if they approve some time, they may just do all. Who knows, you may get lucky but don't count on it.
Does anyone know when this new H1-B law will actually be implemented??
I'm really frustrated by the lack of response by knowledgeable people on this issue! People keep referring to the law, and to the fact that it was passed. But, no one can say WHEN people will actually be able re-enter the US or change status back to H1 (if in the US under a different status). Am I looking in all the wrong places??
Would really help my blood pressure if someone knows of an URL where there is information on this issue. Thanks...
I'm really frustrated by the lack of response by knowledgeable people on this issue! People keep referring to the law, and to the fact that it was passed. But, no one can say WHEN people will actually be able re-enter the US or change status back to H1 (if in the US under a different status). Am I looking in all the wrong places??
Would really help my blood pressure if someone knows of an URL where there is information on this issue. Thanks...
LIAT,
Does the new provision allow a person to "re-enter" the US if their labor was pending for over a year? I am in the US right now, and my labor has already been filed for, but I won't be able to fulfill the 365 day requirement before my H1 term expires -- 9 days shy of 365 days. Does that mean that I can go to India after the expiration of my H1 term and I will be able to re-enter the US two weeks thereafter, per the new law?
Thanks!
Does the new provision allow a person to "re-enter" the US if their labor was pending for over a year? I am in the US right now, and my labor has already been filed for, but I won't be able to fulfill the 365 day requirement before my H1 term expires -- 9 days shy of 365 days. Does that mean that I can go to India after the expiration of my H1 term and I will be able to re-enter the US two weeks thereafter, per the new law?
Thanks!
kmansari,
It is my understanding that the law applies to those who have left the U.S. or have changed to another status. Check with your lawyer to be sure, but you may be fine without having the leave the country. I think if you ask for an extension, the INS will give you a few days after your H1 expires to leave. In your case, that may be good enough to hit the 365-day mark. Good luck.
It is my understanding that the law applies to those who have left the U.S. or have changed to another status. Check with your lawyer to be sure, but you may be fine without having the leave the country. I think if you ask for an extension, the INS will give you a few days after your H1 expires to leave. In your case, that may be good enough to hit the 365-day mark. Good luck.