H1-B expiring dilemma... PLEASE ADVICE!!!

S

Sablok Kumar

Registered Users (C)
I'm in a TRIVIAL situation.

I'm in my 6th yr of H1-B. I joined my present company in Feb on a project for 6+ months. They applied for H1-B and aslo filed for recaliming time I spent outside US in the last 6 yrs. that would take me all the way till 30 Sep, 2003.

My H1-B got approved finally on 08 Aug,03 and my company informed me last week that the INS/BCIS gave approval for H1-B extennsion till 30 Sep,2003.

But Today my company informed me that the H1 approval is till 08 Sep, 2003 ONLY. I'm in a dilemma now since the project is still on. The client doesn't know about this and my company will probably not allow me to work after 08 Sep, 2003 which is understandable.

I want to stay in US for couple of months since I recently had a Baby and I want to get the initial Immunizations done before I leave US. Also need some time to wind up the stuff and visit some places.

Can someboy advice what's the LEGAL way to go about informing INS/BCIS. Can I just write a letter to INS saying that I need some time to wind up the stuff and wait for my Baby's immunizations.....


Not sure........ Please help......

Thanks
 
I don't think those are the valid reasons to buy some time. You have mentioned that you'd asked for the time you'd spent outside the USA. Have you been able to recapture those days? If you haven't recoup those days, appeal it with more evidences or ask for explanation and you can linger it for a little while in communicating with them and get a final result. I don’t see any other way. Have you filed for LC or any other papers with BCIS?

Could you please write in details what were your trips outside of USA were about? Business or personal? What kind of evidences did you have to submit to recoup the days? if any? Much appreciated...
 
I had to recap 90 days which would take me till 30 Sep but BCIS allowed only 68 days which would end on 08 Sep.

My company's immigration attorney only asked me the days (which I spent outside US in the last 6 yrs) when he filed the H1 (and recap time) in Feb. He didn't ask details or dates. I went for a month on a business trip but rest 2 months were personal. (Here's the breakup - 2 + 2 + 4 weeks).

My company's HR talked to company's immigration attorney and he mentioned that since I'll be working till the last day of the I-94/H1-B validity and I intend to leave next month, then there's no need to file for change of status from H1 to B2.

He mentiones that I have 30-45 days (allowed period) to wind up my stuff and he feels that I will not have any problems during my future visits.....

Is it true? My gut feeling is to still apply for B-2 and not try to save at this stage.
 
Did you have to provide any evidences that those days were business trips, did u receive any RFE? I am just curious on that part since I have just received an rfe. Please speak to Jim Mills, attorney here to find out the details about your extension....sorry couldn't help much!

I will appreciate your explanation on the recoup issues..

Rgds
 
Did you have to provide any evidences that those days were business trips, did u receive any RFE? I am just curious on that part since I have just received an rfe. Please speak to Jim Mills, attorney here to find out the details about your extension....sorry couldn't help much!

No... No evidence was asked. My company's attorney only asked for the days I spent outside USA i.e. 90 days. I volunteered for the dates I was outside USA but he said he doesn't need these.

I wonder whether I can tell him to ask BCIS why only 68 days out of 90 days. Would it buy me some time rather than go for B-2. I've to file B-2 latest by Monday - 08 Sep before the new I-94 expires.

I got the I-797 approval notice and it mentions validity of H1-B from 08/08/03 till 09/08/03 - ONLY 1 month... how wierd.... In the form filed by my company attorney, they requested the time starting from 02/24/03 till 02/23/06......

My previous I-797's I-94 expired on 15 Jul'03 and new I-797's I-94 is from 08/08/03 - 09/08/03.

Any inputs why BCIS would do that??????

thanks
 
apply for Visitor status ,change of status file form I-539 with BCIS before your I-94 expires, that is the only way to stay for few days, keep the filing receipt with you for future, BCIS may not approve for 4-5 months and till that time you can stay
 
Thanks all for the valuable inputs.

I DID APPLY for I-539 before the current approved I-94 expired.

But I GOOFED UP!!!!

Instead of requesting time till 11/20/2003, I put the date as 09/20/03 BY MISTAKE.

I searched but didn't find any amendment form to Form I-539.
In the explanation coulmns, I did mention what I intend to do during October (like waiting for my Baby's passport) etc..... to justify my stay till 11/20/03 but in the 1st page, I put the date as 09/20/2003.

Any Ideas/Suggestions what I should do?

Can I just amend the date and resend only the form or should I send another complete application with the filing fee of $140.00.

Thanks again
 
You don’t have I-94 valid to send second I-539 I don’t think you can amend it ask the question to good lawyer
I think they will reject it
 
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