7th yr ext denied LC pending

Y

yaeger

Registered Users (C)
my 6yr H1B expired feb 27, 2004 with I94 dated mar 7, 2004. my company's lawyers filed for my gc feb 8, 2003 then filed my 7th yr ext dec 15, 2003. extension was denied since my lc wasn't pending for >=365 days. my lawyers will be filing for the appeal but i am told i should leave the US as soon as possible. i was also told by my company that i am now on unpaid medical leave but once i can establish that i can work remotely from overseas, they will reinstate me back on payroll. and then they will start filing a new h1b.

q1 : can i really be employed by a US company while working overseas (considering the company doesn't have an ofc in that country) ? is this arrangement legal ? can i still come back to the US as soon as they succesfully file the appeal and eventually get an h1b extension ?

q2 : how long can i stay out of status in the US ?

q3 : if i decide to marry my boyfriend while here, will that help at all with my status ?

any help is appreciated.

thanks!
 
Well i am in the same boat as you,
what does u'r first date of entry into US say ? please note that if its in may or june. your company can file for an extension from march to june. there was case in 2001 nair vs coultier in which the ruling was that 6 year period is calculated on how long u spend time in US, if you were jobless and went back to u'r country of origin those days can also be claimed. this will make u'r status legal once this notice gets approved u later turn around and apply for another 7th year extension. Please note all these have to be done using premium processing. atleast this is what my company is planning to do.

they will be filing my papers on monday and hopefully it works out.

if your boyfriend is a US citizen you should go ahead and get married to him a
 
vsri2004 said:
Well i am in the same boat as you,
what does u'r first date of entry into US say ? please note that if its in may or june. your company can file for an extension from march to june. there was case in 2001 nair vs coultier in which the ruling was that 6 year period is calculated on how long u spend time in US, if you were jobless and went back to u'r country of origin those days can also be claimed. this will make u'r status legal once this notice gets approved u later turn around and apply for another 7th year extension. Please note all these have to be done using premium processing. atleast this is what my company is planning to do.

they will be filing my papers on monday and hopefully it works out.

if your boyfriend is a US citizen you should go ahead and get married to him a
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thx for your reply,vsri2004. my first date of entry to US is feb 28,1998 and i was never jobless since then.

so are you still in the US now ? when did your h1b expire ? was there a point when you were out of status and u were required to get out of the US immediately ?

do you know the answers to the other questions in my original mail ?
 
i entered the US on june 8 1998. my H1 expired on 03/04/2004, H1 B extension got rejected on 14th may. for a silly reason that my attorney had filed it 2 months in advance even when i had my H1 b valid well beyond the 365 day period. My attorneys did not tell me to leave to country right away I am on on Paid leave for the time being. if my march to june H1 B extension gets approved i should be OK ... anyways i digress ...

regarding u'r second question,
there is apparently no grace period ... But, As i have told u my attorneys did not say anything about me leaving the country as they are going to appeal it.

if u'r boyfriend is a US citizen did u check with u'r attorneys if this can be used to u'r advantage maybe get a fiance visa or something for the time being ? I would rather take my chances here than go back. just my opinion.

hope everything works out for u too ...
 
yep, same thing with me. dunno why the lawyers didn't know they shouldn't file the ext too early.

it's strange then that my attorney says i should leave the country. i'm thinking it's cuz my company doesn't want to be in a position where they may get in trouble for employing somebody who's out of status. but if your company can get you on paid leave and not force you to get out the country, then it should apply to my case too.

yes, my boyfriend is a US citizen. i agree i want to take all my chances here rather than go back.

good luck to you too.
 
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