Can H1B holder stay for more than 6 six years? INS rule link please.

R

rthaniks

Registered Users (C)
Here is my case status.

First time entry into USA with H1B visa - Nov 29, 1998
Expiry Date of current H1B / Visa - Jun 10, 2005
Expiry Date of I-94 - Jun 20, 2005

I have been continuously working from Nov 29, 1998. Labor application was filed on May 15,2003 and it is pending for more than 365 days and hence I am eligible for 7th year extension of my H1B. My question is when can I apply for my 7th year extension? When I contacted my Attorney, she says that an H-1B extension cannot be filed more than 6 months prior to the expiration date and hence she will apply after Dec 10, 2004. If that is case will it not be considered as overstay for the period I stay after Nov 29, 2004 till the attorney applies for my 7th year extension (may be after Dec 10, 2004). Please email me the link for INS rules if anyone knows the link saying that H1 and H4 combined can not stay more than 6 years period. Thanks for your help on this.

-Thaniks
 
Your attorney is wrong. USCIS sometimes screw up with the dates. You will have to be careful. Ask your attorney to send for the extension now. Tell you will be okay if CIS sends back the app saying its too early to apply for an extension. Sometimes these lawyers are stupid.
I know a case where a similar thing happened and the extension was denied citing overstay of the petitioners. The extension was later approved but it did create a lot anxiety.

I dont know the link to the law on the USCIS site.

HTH
 
Hi HTH,

You are right, and I need to file the paper before Nov 29, 2004 ( before expiry of my 6 yrs). I have been talking to my HR and inturn HR talks to our company attorney as I am not authorised to talk to attorney directly. If I have some proof link INS link and email it to them and I will be safe with my company and with my status as I do not like to arque with our HR. Somehow the attorney go with the Visa and I-94 dates, and she doesn't understand time period of my 6 yrs physical presence which expires on Nov 28, 2004.
 
rthaniks said:
Here is my case status.

First time entry into USA with H1B visa - Nov 29, 1998
Expiry Date of current H1B / Visa - Jun 10, 2005
Expiry Date of I-94 - Jun 20, 2005

I have been continuously working from Nov 29, 1998. Labor application was filed on May 15,2003 and it is pending for more than 365 days and hence I am eligible for 7th year extension of my H1B. My question is when can I apply for my 7th year extension? When I contacted my Attorney, she says that an H-1B extension cannot be filed more than 6 months prior to the expiration date and hence she will apply after Dec 10, 2004. If that is case will it not be considered as overstay for the period I stay after Nov 29, 2004 till the attorney applies for my 7th year extension (may be after Dec 10, 2004). Please email me the link for INS rules if anyone knows the link saying that H1 and H4 combined can not stay more than 6 years period. Thanks for your help on this.

-Thaniks
Click to expand...
Your dates have really confused me ....
First entry: Nov 29, 1998.
Assuming you didn't reclaim any lost time, the last H1 should be valid only till Nov 29, 2004.

How did you get a H1 extension till Jun 10, 2005 ?
Also how is your I-94 stamped till Jun 20, 2005 when your H1 approval is only till Jun 10 ??
They should match normally ?!?!

Looks like many mistakes - on top of each other - if your attorney's didn't notice any of this, then they are probably not very careful with these things ...
 
H1B approval and wrong expiration date

Hello All,
I am completing 6 years on my H1 in April 2005. I got my H1B approval notice through my present employer recently but my I-94 has been approved till Nov 2006(beyond the 6 year term). I am planning to get my visa stamped(which has incidentally expired) in Canada at the earliest. Would it create a problem for me when I go for my visa stamping. If yes, what should I do to get my H1B approval rectified with the correct dates.

Also I have made 3 previous visits to India before each lasting for about 3 weeks each. How can I use that to claim for an extension of visa beyond April 2005. Is there any specific form that needs to get filled or do I need to have a letter from my employer in any specific format. If anyone has prior experience can you please provide me with details of the format.

Any help in this matter will be greatly appreciated.

Thanks
Sashank
 
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