7th yr extn is not required ...

[ProDev]

Guys,

I have got an H1B approval that is valid 1.5 yrs ahead of my 6th yr completion date. Company lawer is saying that I do not need 7th extn to be filed and I can continue staying beyond the 6th year and wait for Labor cleared, I-140/ 485 filed. If LC or I-140 still continues to pending by the time the H1 expires, then they will file the extention.

Is he right ?


Thanks

 

[ginnu]

Guys,

I have got an H1B approval that is valid 1.5 yrs ahead of my 6th yr completion date.
--- that is USCIS mistake and lawyer should get it corrected
Company lawer is saying that I do not need 7th extn to be filed and I can continue staying beyond the 6th year and wait for Labor cleared, I-140/ 485 filed. If LC or I-140 still continues to pending by the time the H1 expires, then they will file the extention.

Is he right ?
------
I dont agree with your lawyer. By law you should get extension up to 6 years from your date of entry to US on H1, if your H1 Extension is approved more than 6 years as you wrote above then it seems USCIS mistake and need to be corrected and lawyer should ask for the correct validity date because if later the USCIS found mistake then you may be found out of status. I will get it corrected and will file my 7th year H1 before I hit 6 years on base of pending LC more than 365.
Thanks

Also read the post from Jim:
I would be VERY careful about staying in the US beyond the actual period that you hit the six year limit. If you misstated any of the dates on the I-129 forms that were used to obtain this status, USCIS could, and probably would, assert that this was a material misstatement that was used to obtain an immigration benefit. This renders you removable from, and inadmissable to, the United States and probably would prevent you from adjusting status in the US.

Think VERY carefully about what you are about to do. It could affect your ability to remain in the US for a LONG time. Speak to your attorney for specific advice.

This is FAR too important to take the advice that you get on the internet. Seek competent immigration counsel immediately.
__________________
Jim

James D. Mills, Esq.
Attorney at Law
PH: 732-552-6392
jdmills@jdmillsesq.com