h1-b expiring ,labor got rejected

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bhavi

Registered Users (C)
hi--my problems are
1. i will be completing 6years in US on jun29,2007.in my h1-b visa the expiring date is written as jan 13,2008. so which is the actual date i shld consider for staying in US.
2. my labor got rejected. i have a good offer in hand from a US company as permanent employee. is it safe for me to switch the company and ask my future company to apply for my labor.
plz advice me what to do in such a confusing situation.do i still have any chance to extend my stay in US.
 
bhavi said:
hi--my problems are
1. i will be completing 6years in US on jun29,2007.in my h1-b visa the expiring date is written as jan 13,2008. so which is the actual date i shld consider for staying in US.

Your physical stay of 6 years is considered correct irrespective of what your H1 petition approval says. (You should not take advantage of USCIS mistake)

2. my labor got rejected. i have a good offer in hand from a US company as permanent employee. is it safe for me to switch the company and ask my future company to apply for my labor.
After 6 years physical stay in US, if you do not have any labor cert approvable petition pending more than 365 days , you lost your chance in staying here.
plz advice me what to do in such a confusing situation.do i still have any chance to extend my stay in US.
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one more Ques----if i join my new company and they apply for my labor---and if everything goes well and if i get I140 also within 8 months(do u think its possible??) ,is it possible for me to apply for EAD or H1 extension. what are the requirements for getting EAD???
 
bhavi said:
one more Ques----if i join my new company and they apply for my labor---and if everything goes well and if i get I140 also within 8 months(do u think its possible??) ,is it possible for me to apply for EAD or H1 extension. what are the requirements for getting EAD???
Click to expand...
For EAD you need 485 applied, but as you describe, if you get 140 approved and are not able to file 485 due to retrogression, you are eligible to extend the H1 for 3 years, even if the LC was not filed more than 365 days ago. So go ahead, try that. Yes, it is very much possible now a days with PERM approvals coming so quickly.
 
When you refer to PHYSICAL STAY, I assume you take into account the time spent out of US, to recapture the same?? So add this time, even if the date on petition in somewhat incorrect.
 
I mean, since the approval is more than 6 years, how do you reach the 6 year end calculation? Do you take into acount days spent out of US?

So in this case, 6 yrs ending in june29 2007, does it take into account # of days spent out of US?
 
i was on vacation for 3 months during this last 5 years. according to u i will be able to capture these 3 months and that will make it sep 29. one more Ques---if i plan to go to india for 3 more months before my visa expires and come back ,how early shld i need to file for recapturing all these months of vacation??
 
When you apply extension, new start date(next day of expiration) must be within 6 months from filing date. That is only requirement.
 
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