H1 B 6 year Expired. Extension Possibility...!!!

arpitshah

Registered Users (C)
My case is little unique I guessed,

My H1B six years expired on July 01, 2008 (After recapturing out of country days as well). To be remain in staus my lawyer put me on F2 visa (pending) before H1B expired. My wife is on F1 visa. My labour applied in September 2007. So I could not able to apply for 1 H1B extension as it does not pass 365 days. Now, July 23, 2008 I got my I-140 approved.

Question I have:

1. Can I apply for H1B extension for 3 years as I-140 got approved?
If yes, do I have too step out of country and re enter?

2. If not then what options I have to be back on H1B visa as quickly as possible?

Please guide me, I am very much confused at this point.

Arpit
 
Does that mean that arpitshah is now out of status and needs to go back to home country and wait for new H1 to get approved?
 
Extension possible

Please read this quote:

B. Periods of Stay in H-1B Status Beyond the Six Year Maximum
In sections 106 and 104(c) of AC21, Congress provided exemptions to the six-year maximum period of stay rules for certain H-1B aliens who were being sponsored by employers for permanent residence and were subject to lengthy processing delays. Though both provisions of AC21 use the term “extension of stay,” eligibility for the exemptions is not restricted solely to requests for extensions of stay while in the United States. Aliens who are eligible for the 7th year extension may be granted an extension of stay regardless of whether they are currently in the United States or abroad and regardless of whether they currently hold H-1B status. Further, in examining eligibility for the 7th year extension, USCIS will focus on whether the alien is eligible for an additional period of admission in H-1B status, rather than whether the alien is currently in H-1B status that is about to expire and seeking an extension of that status in the United States pursuant to 8 CFR 214.1(c).

Consult an attorney.
 
CIS was clear that one can not get 7th year if one is not on H1 when 7th year petition was filed, however, they changed this rule 2 years ago. He probably can go back to H1.

if you have a plenty of time to kill, you can listen to recorded conf calls. I remember that someone who finished 6 years and was on EAD could get back to H1 in conf call. I don't remember which conf call, but I guess it's pretty early one so that sometime around early 2007's.
 
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Hi Rchandran19/GotPR/Arpit

My case is very similar to Arpit Shah's. I am running out of 6years of H1B on Dec.15th2008.My labor was filed on Aug20th 2008.I do not have enough time to get the labor and I140 approved and file for a 7th year extension. My question is
How can I extend my H1B beyond Dec 08 -If my Labor Does Not get Approved by then.
Please note that my wife is also on H1B.
Can I take the route Aprit Shah has taken. I mean if I go on H4 one month before my H1expires and then just wait for labor/I140 premium to get approved and finally get the extension on my H1(remember I still have one month left on my H1 because I did not consume all 6 years)??
Can this be done guys ?..........Please Help.Appreciate your time.........
 
Can I take the route Aprit Shah has taken. I mean if I go on H4 one month before my H1expires and then just wait for labor/I140 premium to get approved and finally get the extension on my H1(remember I still have one month left on my H1 because I did not consume all 6 years)??
Can this be done guys ?..........Please Help.Appreciate your time.........

Technically must be possible.
 
Sucess Story getting expired H1B extended to 3 more years

Guys,

Just want to let everyone knows that I got a success in getting my H1B extended for another 3 years.

So people who have similiar situation like this can do which I did.

Just to help everyone

--> My 6th year H1B expired on June 29
--> But before that my lawyer applied for my F2 (My wife is on F1). You can also convert yourself into F1. (No need but in case if you do not want to go out of status. As far as I know you can considered to be in status till 120 days though your visia expired. NOt sure)

--> Per new change if your H1-B expiring and your I-140 still in pending than allow you to request premium processing. Which my lawyer did.

--> After that within a month got my I-140 approved July 23 2008

--> Than within a week first I got F2 approved letter

--> And finally on August 28, 08 got my H1b extension letter for 3 years. Hurry.

So bottom line H1B expired - converted on F2- and back on H1B.

Hope this can help someone.
 
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