Confusion regarding 6 year limit and visa approval beyond 6 year limit

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gc_confused

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Confusion regarding 6 year limit and visa approval beyond 6 year limit.

I need some information regarding my situation:
I came to US on Initial H1 through Company A, Ultimately I used a total of X years working for the company after which went out of US to home country to get my F1 (This was not just stamping, I actually went for F1, it was not a transfer from H1 to F1) and returned within a few weeks for my school term.

Worked with Company B on OPT for 1 year after studies. Company B gets H1 after OPT expire. Company B applies for extension which is beyond 6 years, and is approved by INS. So the current H1 approval and visa stamp is more than 6 years. However as per my understanding, 6 years-limit reached later this year: X years of initial H1 + Y years on current job, with the F1 and OPT in between them
My lawyer says I am fine with the approved date, but I think otherwise.

What is the bottomline? Am I supposed to leave at the end of 6 years + some recaptured time for time spent out of US or can I stay until the date approved and then stamped, because INS approved the extra time? Ofcourse the lawyer applied for 3 years. Also what is the procedure to recapture time?

Also, as I understand I should be able to recapture the time spent out of US in the last 6 years on H1, now since the visa is already beyond that, do we still need to apply for the recapture?

This needs resolution soon so I can plan accordingly.

Thanks a lot guys.
 
Last edited by a moderator:
Lot of views but no replies... I am sure this is not an unique situation...

gurus/attorney please reply.
Thanks in advance.
 
INS oversight should not be taken as your favor and it affect your AOS in the future.
If you would have stayed back in your home country for a year you can discount 2 years you were in H1 status.

But you continuosly lived in US H1/F1/OPT/H1. So the request of 3 yrs by your attorney beyond six years it self wrong. You can rectify this issue as soon as possible and get further extn beyond 6 years based on your pending LC.


gc_confused said:
Lot of views but no replies... I am sure this is not an unique situation...

gurus/attorney please reply.
Thanks in advance.
Click to expand...
 
Thanks so much

Thanks much great guru.

How should I rectify the error? What is the procedure to recapture the days out of US? Is it a separate petition or just a letter requesting extension, since the visa/I-94 is already valid for future date?

I cannot apply for 7th year since I will not be completing 365 days of LC. SO that is ruled out, unless I get my LC and 140 before the end of the recaptured days.
 
Amendments to existing approved petition. Your attorney knows, since they have to do it free of cost , may be reluctant to do it by putting you under risk

gc_confused said:
Thanks much great guru.

How should I rectify the error? What is the procedure to recapture the days out of US? Is it a separate petition or just a letter requesting extension, since the visa/I-94 is already valid for future date?

I cannot apply for 7th year since I will not be completing 365 days of LC. SO that is ruled out, unless I get my LC and 140 before the end of the recaptured days.
Click to expand...
 
As great guru said, the lawyer is not ready to accept that it is a mistake and indicates that since INS has approved, until they come and tell us that it was a mistake and the approval is revoked, it is OK. Great news for me if that is to happen!!!

So the question to all experts is: what is my option?

1. Leave US for a period of 1 year, exactly 6 years?

2. Since approval is already on hand and so is visa/I-94, stay back to recapture the time spent out of US? Should I apply for recapture, because obviously my lawyer will not do it. What would be the best option in this case? Inform INS directly and request the extension based on the approval for recapture?

I am confused and not sure what is the best way to approach this problem which has been made complex because of my lawyer.

Any help is appreciated.
 
Do you have any pending LC more than 365 days?

gc_confused said:
As great guru said, the lawyer is not ready to accept that it is a mistake and indicates that since INS has approved, until they come and tell us that it was a mistake and the approval is revoked, it is OK. Great news for me if that is to happen!!!

So the question to all experts is: what is my option?

1. Leave US for a period of 1 year, exactly 6 years?

2. Since approval is already on hand and so is visa/I-94, stay back to recapture the time spent out of US? Should I apply for recapture, because obviously my lawyer will not do it. What would be the best option in this case? Inform INS directly and request the extension based on the approval for recapture?

I am confused and not sure what is the best way to approach this problem which has been made complex because of my lawyer.

Any help is appreciated.
Click to expand...
 
Thanks for ther reply, but I have not included the F1/OPT when calculataing the 6 year term. It is only 6 years of H1 in totality which is in question here.
 
Guess I didn't get teh question right...you may call me. If attorney said fine then shud be may be I can clarify...
 
Thanks. But any pros here who can really sure of the situation and how it can be dealt with?
I am more or less convinced that I should not overstay inspite of approval.. well anybody who does not think so please explain.
So then the only thing is that in the case that I do not have LC pending so no 7th year, should I continue beyond the 6 years to recapture time spent out of US based on the approval or shd I inform INS and if so, how?
 
I am also in the same boat.
My H1 has extra time of 2 years beyond the stipulated 6 years but my attorneys are not ready to file for 7 year extension even though I have a pending labor since 2002.
 
Great GURU HELP... THANKS IN ADVANCE

Great Guru,

Can you please let me know if I can use the recapure law to puch the end of 6 years based on the current approval?

I do not intend to use the approval to its end of validity to avoid any problems, but I would like to know for sure, if I can stay on to recapture based on the approval and not worry abt filing for recapture.

The attorney here is not willing to accept the problem and would not file for the extension or amendment or anything, just sticking to his guns that it is OK to stay till approval date.

THANKS A LOT!!!!!!
 
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