H1 6 yrs expiring but h1 issued for more than 6 yr

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dimpi

Registered Users (C)
Hi!,

I think by mistake INS issued me h1 beyond 6 years, which expires oct,2003.

My labour has been pending for 365 days, so I am eligible for 7 yr. extension.

1. Now what should I do should I notify INS about this mistake and they will rectify their records.

2. Does anyone know if they will issue me new H1 document and I have to surrender old one.

3. Also I have H1 visa stamped on my passport based on old H1 document. Does anyone know if I have to get it again stamped.

thanks
 
BCIS does not keep track of 6yr duration of H1B (because of possibility of multiple h1s ). It is your responsibilty to verify 6yr limit yourself...
1. No need to notify BCIS. But near 6yr expiry apply for 7th year extension quoting AC21 explicitly, New H1 extension.
3. You can get it revalidated in USA if the old visa has expired within this year or itis 60 days from the expiry date of old visa. despite expiration date in visa you have to do a separate h1 extension for 7th year.
 
Last edited by a moderator:
Thanks jaxen.

Just wanted to clarify on point # 3.

My passport has a visa until 2005, based on H1 document whose expiration is beyond 6 years.

So now when I get new H1 document this oct, should I restamp my passport.

If yes, will they issue me new visa as existing one won't be expiring until 2005.

Please advice.

thanks
 
Guys,

I just wanted to clarify point# 3 in my post.

Based on H1 document with expiry dates beyond 6 years I got my passport stamped, which has now visa until 2005.

Now when I apply for 7 yr. extension in sept 2003, do I have to again stamp my passport, as visa was stamped using H1 document with incorrect expiry dates.

Please advice.

thanks
dimpi
 
H1 6yrs completed, but h1 issued more then 6yrs

H1 6yrs completed, but h1 issued more then 6yrs
Hi!,

I came to US on June, 1997. When I changed company in
Sept-2001, I got my new H1b visa until sept-2004. More then
6yrs.
I immediately sent an email to my lawyer asking if this was
a mistake by INS. My 6yr term completes in June-2003.
I got one line reply from my lawyer, stating it's not a mistake.
He asked for it and got it.

1. Was my lawyer right?
2. Is there a way to get 7th yrs extension based on certain
criteria while filing for new H1? (May be for future GC process)
3. Am I in legal status?
4. I have applied for GC on Jan-2002 and still waiting for
my labor to be cleared. Will that help in anyway.
5. How can this be corrected if it's a mistake.

Please help.

thanks
 
dimpi, no need to get the visa revalidated again. Dept of State still chants the visa is valid in passport (even if you change employer or get a 7th yr extension).
gclabor- I have answered your Q elsewhere.
 
I am staying beyond 7th year

Hi
When I changed my employers I got visa for morethan 7 years so I didn't apply for 7th year extension and staying here.

With present employer I applied for GC just one month before 6 year term. which is also pending for morethan year. I have a valid H1-B till Aug 2005.

But with my ex-employer I got my Labor application cleared before my 6 years period. Which is no more in process but they didn't use it for anybody.

1) With above situations, Can I get a extension after Aug 2005 ?
2) With Ex-Employer approved Labor, Can I file for New H1-B with a new employer ?

Please advise on how to get a extension on above situation.

Thanks
Ravi
 
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