H1 - 6+ years

karnam

Registered Users (C)
Hi,
My 6 year term was expiring in Jan, 2005. Recently, I changed my employer, and the new approval is till Jan, 2006. What should I do?. Use the extra 1 year or inform INS and go home in 2005. My GC is yet to be filed by any company.

RK.
 
Originally posted by karnam
Hi,
My 6 year term was expiring in Jan, 2005. Recently, I changed my employer, and the new approval is till Jan, 2006. What should I do?. Use the extra 1 year or inform INS and go home in 2005. My GC is yet to be filed by any company.

RK.

INS made an error but you are responsible to keep track of your H1 time. Going by your info, your h1 expires in Jan 2005, not 2006. Take decisions based on this fact.
 
my attorney says that Its INS mistake and they have to accept it. So use the 1 extra year?.
I am looking for a second opinion.
 
Originally posted by karnam
Hi,
My 6 year term was expiring in Jan, 2005. Recently, I changed my employer, and the new approval is till Jan, 2006. What should I do?. Use the extra 1 year or inform INS and go home in 2005. My GC is yet to be filed by any company.

RK.

If you are planning to file for the GC, why don't you file it before Jan 04. That way this might become moot.
 
Originally posted by karnam
my attorney says that Its INS mistake and they have to accept it. So use the 1 extra year?.
I am looking for a second opinion.

This argument is silly. INS job is to enforce immigration laws. If it errs doing so it does not absolve you from following the law.
For example if a B2 visa holder's I-94 gets incorrectly stamped as H1B, that does not give him authorization to work.
 
I was in similar situation. It's your responsiblity to keep track
of it. I agree with others.
I think your lawyer made a mistake while filing I-129 and
entered Jan-2006 or 3yrs from date of filing.

He is not admitting it.

Get it corrected now to avoid problems.

Good luck!
 
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