H1 B Expiring within a week - need more info.

A

AHatmadji

New Member
Hi all,

Nice to meet you all. My friends referred me this portal to find more information and ... help.

Sorry if my H1-B story will long but I need help, advices, etc. :

After working for my current company under a Working Visa (H1B) since 2001, my company has given me a final verdict to not sponsoring me a Permanent Residence/Green Card or even granting me an approval to get an extension by recapturing the days I have spent outside the US during my annual vacations back home to my home country - regardless how my 5-year achievements and performances are.

I have been living legally in the US for at least 11 years. I have been working for 2 companies between 1999 and 2007.

My first H1-B was granted under my first company: 08/01/2000 - 07/31/2003 - per I-797.
However, due to the economy condition in year 2000, the company had to lay me off in May 2001.
There was NO exact and precise immigration law that instructed me what to do next. Couple attorneys and attorneys' websites, or even the Immigration website gave me information that made me only assume what to do. But, most cases, I read about the 180-day grace period and I followed it to search for a new job.

In August 2001, thru a recruiter, I had an opportunity to get an interview from my current company. And, my last questions I asked to the hiring managers was: "Will you sponsor me a working visa so I can be able to work for this company?". They came back to me after only couple days and offered me this job until now. The filing process kept me home until December 2001, my first month working for this company.

My second H1-B was granted under this company:
1st Period: 11/15/2001 - 11/14/2004 - per I-797
2nd Period: 11/14/2004 - 03/14/2007 - per I-797 - red: "The Labor Condition Application for H1-B Non-Immigrants" by US Dept. of Labor approved the validation of my employment from 11/14/2004 - 11/14/2007. Don't know why. Is there anything I can do here?

I know it seems impossible right now but what will happen, during my left-over legal status, if there is a company out there who is willing to sponsor me a new H1B or a Permanent Residence/Green Card?

I am currently in a process of completing the I-539 (http://www.uscis.gov/files/form/i-539.pdf) to change my status to B2 (what's the difference between B1 & B2, by the way?). Per my current I-94, I will legally stay in the US up to 03/24/2007. Which expiration date I have to use when filling for I-539: 03/14/2007 (per I-797) or 03/24/2007 (per I-94)?

After living here for 11 years or so, if I inevitably have to leave this country after I am released by this company, I definitely do need more time to stay to take care so many things. I want to leave this country clean and responsibly. That's why I am working on filing an I-539 by myself.

Are there any other options that can allow me to stay longer other than the ones I currently have on my plate?

Right now, I do not know whom to talk to/consult with legally.

Thank you for your attention and help. And, sorry for taking your time reading my e-mail.

Regards,
Nova
 
From your post, you did not apply for LC (Green card process) through any company. This made you out of status after 08/01/2006, though USCIS mistakenly gave the extn up to March 2007.

Better change your H1 to F1 quickly.
 
Thanks

great guru & immiq,

thank you for your responses.

great guru, how did u come up w/ 08/01/2006 for my H1B expiration date?

i have actually talked to about 5-10 attorneys. my company's attorney suggested me to change status to b2 but they couldn't help me since they only provide service for corporates. at least couple other attorneys whom I talked to suggested me to file i-539 by myself.

so, due to the time constraint, i honestly completed and submitted the form by myself. it took a day to really carefully complete the form to i wouldn't make a mistake. i submitted as many supporting documents as possible along with the application forms. it's on its way to Laguna Niguel. What i can do is to wait, hope, and pray.

thanks!
 
What documents did you think would support an approval of your change of status to B2 and how you explained it to the USCIS?
 
You are eligible to stay 6 years in H1 without a LC pending in H1 status.
Based on your first H1 status day, 08/01/2006 is the last day of your H1.

Check the dates once again.


AHatmadji said:
great guru & immiq,

thank you for your responses.

great guru, how did u come up w/ 08/01/2006 for my H1B expiration date?

i have actually talked to about 5-10 attorneys. my company's attorney suggested me to change status to b2 but they couldn't help me since they only provide service for corporates. at least couple other attorneys whom I talked to suggested me to file i-539 by myself.

so, due to the time constraint, i honestly completed and submitted the form by myself. it took a day to really carefully complete the form to i wouldn't make a mistake. i submitted as many supporting documents as possible along with the application forms. it's on its way to Laguna Niguel. What i can do is to wait, hope, and pray.

thanks!
Click to expand...
 
great guru said:
Go to bryman college, Kaplan on the spot I 20.
Click to expand...
Unfortunately, the USCUS is very familiar with the schools in your mind and knows what your intent is after you have in the US for 11 years and now want to be an F-1. Do not underestimate the USCIS.
 
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