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

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gclabor

Registered Users (C)
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
 
I have another question related to 7th yr ext:

My lawyer was stilling claiming I am Ok with existing H1. After lot
of convincing he has agreed to file for 7th yrs extension for
both myself and my wife.
Here is tricky part:
I asked if you could file for extension retroactive from June-15, 2003, as that is the 6yrs completion date.

Lawyer claims we cannot do retroactive, however, BCIS can reinstate your H-1B status. Once reinstated, you will have no problem proving your legal status.

1. Could any of help me to understand what this means.
2. Will this affect my greenCard process in any way?
3. Will I get 7th yrs extension without any problem?
4. Any other options to resolve this issue?

Please help.

Thanks
 
It is upto you to calculate and figure out the 6years.
Apply for 7th year extension, citing the pending LC/140 . It should not be a problem.

It should not affect your GC. You dont have any other option other than applying it ASAP.
 
Hi,
We had a similar situation..My husbands new company applied for visa till June 2004 though his 6 years was expiring on Sep 2003. We filed our GC in Sep 2002.
His visa issuance till June 2004 was an oversee of INS... They say it is our responsibilty not to stay more than 6 years... SO we have now applied to correct his visa till Sep 2003 after which we are going to apply for seventh year extension...This is the actual procedure..
This was our experience.. Hope it helps..
 
Thanks for your reply. I am still waiting for HR to sign the paper and send it back to lawyer. Hope thinks move smoothly.
I am crossing my fingers.
 
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