About Extending H1B

[nishlala]

Hi there,

I have a question regarding claiming the period that I was out of US during H1B visa period.

Since I am completing my six years H1 period in June 15th 2004, And also I applied my GC from Delware in July end this year and I am planning to apply from IOWA this month. But everything is kind of in wind nothing is in hands and I am running out of time.

I was in India for 5Months in '99 between jobs ,can I claim that period in order to get H1B extension for 5 Months, If I get that I will be completing at least on year (365 days for labor from Delaware)by next year July(2004) in order apply 7th year extension. Is this possible to claim the period legally, anybody had this similar situation. please advise me and share your experience regarding this.

I am kind of worried about my situation and wheather to apply from IOWA or not?

Can I claim 5Months or not?????????

please give your thought on this folks..

Thanks and little nervous about situation,

 

[saigc]

yes you can claim that 5 months. basically you can claim any time out of usa. but bcis/uscis used to be in favor when the time spend outside usa is due to business reason. if the time spend (at one stretch) is more than 2 months YOU CAN CLAIM IT.

based on the curren processing time in IOWA you should be getting your RIR labor adjudicated in 4-6 months. in that case you dont have to worry about your status also. you can infact file your i140 & i485 concurrently and get ead at proper time. may be you want to use your 7th year extension for safety reason which is good backup.

 

[nishlala]

Thanks a lot Senior!

do I need to approach a lawyer regarding claiming the time now or can I wait some more time to do that since I have my VISA currently till Jun 2004 .

What is the good time to apply for extension(H1)?

Thanks again!