7th yr extn issue .....

[ProDev]

Hi all,

Here is what, my situations is .....


I entered United States on 16 OCT 1998.
Therefore, my 6 yrs of staying on H1B
ends on 16 OCT 2004.

I was out of this country for 35 days.

Question1 :->
Can I stay till Nov 20, 2004 (which is
16 OCT 2004 + 35 days) ?

[[ Note :-> Currently, I have a I-94 approval which
expires on 02/09/2006. (this might have happened due
to lawyer's / INS's mistakes or so) ]]

My 2nd question is depends on the answer of my 1st question.
Lets say, I am allowed to stay til Nov 20, 2004.
Now my Labor Certification for GC was applied through the
current empployer. The Priority Date is Nov 19, 2003.


Question2 :->
How about myy 7th yr extention ?
(PD + 365 days) is my last day in USA as per the 6th yrs ends date.

Is there any possibility of applying 7th yr extn ? If yes, then
what will be the best option ?


Mean time, my I-140 is geting processed by some other employer as a
future employment with a substitute Labor.

By any means, can this future employer help me on this ?


Thanks

 

[ginnu]

Hi all,

Here is what, my situations is .....


I entered United States on 16 OCT 1998.
Therefore, my 6 yrs of staying on H1B
ends on 16 OCT 2004.

I was out of this country for 35 days.
----- your lawyer can recapture those days with evidence of your all passport stemp pages and it depends how lawyer argu the extension/recapture
Question1 :->
Can I stay till Nov 20, 2004 (which is
16 OCT 2004 + 35 days) ?
----Only till I-94 validity
[[ Note :-> Currently, I have a I-94 approval which
expires on 02/09/2006. (this might have happened due
to lawyer's / INS's mistakes or so) ]]
------ you must file H1 extension before you hit 6 years if it is USCIS mistake then it was supposed to be pointed out to USCIS by your lawyer
My 2nd question is depends on the answer of my 1st question.
Lets say, I am allowed to stay til Nov 20, 2004.
Now my Labor Certification for GC was applied through the
current empployer. The Priority Date is Nov 19, 2003.


Question2 :->
How about myy 7th yr extention ?
(PD + 365 days) is my last day in USA as per the 6th yrs ends date.

Is there any possibility of applying 7th yr extn ? If yes, then
what will be the best option ?


Mean time, my I-140 is geting processed by some other employer as a
future employment with a substitute Labor.
------make the base of pending I-140 as bace for 7th year H1 extension, it does not matter if it is filed by A or B, you just need I-140 filing reciept
By any means, can this future employer help me on this ?


Thanks