H1-B 7th year extn complication

G

gmanu

Registered Users (C)
Hello,
I have a complicated issue on h1B extn.
a) I entered the country in April 1999.
b) My first labor was filed in Oct 2002 from Delware and due to INS issues was withdrawn by my company.
c) Second labor was filed from NJ in August 2004.

I have a valid stamping on my pp until September 15, 2005 and I94 card says the last date as September 15, 2005 but my attorney says that it was an error and I only have a 50-50 chance in getting it approved as the date issued by INS was an error by them and we can't take advantage of it as it should have said April 2005. I was out of the country for about 90 days in the whole 6 years and if even if we do a recapture it does not amount to the four plus months between april - september.

Given that my 6 yrs ended in April, my Labor was applied in August 2004 and my stamping is valid until september 2005 what are my chances of getting my 7th year extn. done.

Thanks SG
 
gmanu said:
Hello,
I have a complicated issue on h1B extn.
a) I entered the country in April 1999.
b) My first labor was filed in Oct 2002 from Delware and due to INS issues was withdrawn by my company.
c) Second labor was filed from NJ in August 2004.

I have a valid stamping on my pp until September 15, 2005 and I94 card says the last date as September 15, 2005 but my attorney says that it was an error and I only have a 50-50 chance in getting it approved as the date issued by INS was an error by them and we can't take advantage of it as it should have said April 2005. I was out of the country for about 90 days in the whole 6 years and if even if we do a recapture it does not amount to the four plus months between april - september.

Given that my 6 yrs ended in April, my Labor was applied in August 2004 and my stamping is valid until september 2005 what are my chances of getting my 7th year extn. done.

Thanks SG
Click to expand...
give a shot, always there is a chance the officer over look this minu te date calculation. let your attorney not worry about that. worst come worst it will not get appoved, but start applying early too see the result.
 
How long does it take for the extn. to happen

Thanks GG, do you know how long it takes for the H1 7th yr extn. to go thru' using normal route? I know we can file for a premium one but I don't want to at this time as I would like to stay here as long as I can which will give me enough time to wind up things if I have to.

Also do we become out of status the min we get a refusal from INS for the 7th yr. extn. or do we have any timeframe left ?

Thanks, SG
 
gmanu said:
Thanks GG, do you know how long it takes for the H1 7th yr extn. to go thru' using normal route? I know we can file for a premium one but I don't want to at this time as I would like to stay here as long as I can which will give me enough time to wind up things if I have to.

Also do we become out of status the min we get a refusal from INS for the 7th yr. extn. or do we have any timeframe left ?

Thanks, SG
Click to expand...
CSC just a month
 
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