H1 6th Year expiring no GC

[DESIVIDESME]

Hi there,

Final 6th year expiry of H1 is on August 18, 2005. No GC or Labor filing done before 365 days of H1's 6th expiry. Hence, not eligible for any 7th year extension. (Needless to say last working day will be August 18, 2005...I guess)

My question is, when such a person should leave USA? On or before August 18, 2005 or has some time to wind up affairs e.g. home, car, bank account etc. and leave without breaking any rules/laws of INS so that re-entry in USA again is not in trouble in future?

Appreciate your response.

-DESIVIDESME.

 

[EricS]

Hi there,

Final 6th year expiry of H1 is on August 18, 2005. No GC or Labor filing done before 365 days of H1's 6th expiry. Hence, not eligible for any 7th year extension. (Needless to say last working day will be August 18, 2005...I guess)

My question is, when such a person should leave USA? On or before August 18, 2005 or has some time to wind up affairs e.g. home, car, bank account etc. and leave without breaking any rules/laws of INS so that re-entry in USA again is not in trouble in future?

Appreciate your response.

-DESIVIDESME.

No rules about the grace time, but 10 - 15 days are generally seen as a grace period to wind up all the thing. This is usually acceptable in the case where there was no pre warning, like in the case of layoff. In your case, as you already know that your visa is only upto Aug 18th, you should already be prepared to leave with everything planned. Anyway, 10 - 15 days is generally acceptable.

Best of luck!

BTW, I hope you do know that if you get a substitute LC that was filed before Aug 18 2004, you can get H1 7th year ext.

 

[DESIVIDESME]

Hi Eric,

Thanks a lot for your quick response. Great relief with that information!

God Bless You and this Portal too.

---DESIVIDESME