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

G

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
 
1. Yep there is no mistake in the approval. However you cannot use the period beyond 6yr. It is upto you to comply with the 6yr limit.
2. LC(for the GC) should be pending for more than 1 year
3. No, you are out of status. Best is to file a 7th year extension based on a pending LC or change to some other visa like F1/F2/H4 or leave country immediately
4. Yes see 2
5. File ASAP. File Now. Ask for effective date from June 2003
 
I think, you are perfectly legal. It is definitely an oversight by INS, and you can take advantage of it. Just because your lawyer asked for it, INS does not give it usually. In my opinion, you are legal till the end of your current H1. And as you have a pending ETA750, you'll be able to extend, after that. Anyways, check with your lawyer.
 
As legally ur 6 yrs have expired - file for 7 th yr extension based on the pending labour.
 
Thanks Guys for your reply. I have another question.

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
 
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