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
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