H1-B extension

N

Narayan Krishnamurthy

Registered Users (C)
Hi all,
I have a peculiar situation. I came to this country in Sept\'94. In 1998
the lawyer hired by my current employer filed for extension of my H1. When I got my approval I saw to my surprise that the approval was till 2001, which is 7 years! I talked to my attorney and he told me that he put down 2001 in the I-129 by mistake! I have re-entered the country since, got a new visa stamp in my passport and I-94 both till 2001. I have talked to my attorney a few times regarding this and he insisted that since INS has stamped the approval till 2001, I can stay. He also told me that if and when necessary he will write to INS.
My questions are
- Is this a problem?
- DO I need to inform INS NOW?
- Will this create a fraud intent(I have my I-140 pending and I plan to do
 CP at Chennai)? If so, how to prove no fraud intent
/
- Is anybody out there with a similar situation?

I am going to talk with my company attorney, but any feedback will help.
-Is there a possibilty that if I inform INS, they will cancel my approval ?

Thanks in advance.
-Narayan
 
No Title

you can\'t stay more than 6 yrs on
H1-B even if they stamp it. if you for GC, that too in Chennai, they can reject on the ground that you have over stayed on ur H1. don\'t do that, you can get away if u file I-485,but not in consulate processing.
Thanks
Vish
 
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Narayan,
I had a similar situation where my H1 was approved beyond 6 year limit. After reviewing my I-129 petition, I realized that my attorney had made mistakes in my arrival/ departure details. INS was lead to believe that I arrived in US almost 1 year after I actually arrived and they approved my H1 beyond my 6 year limit.

I filed an ammended petition and the mistake was rectified. The new approval was till my 6 year limit only.

Hope this helps. I would advise that you file an ammended petition and request to recapture the time you stayed abroad and ask for an approval till 6 years + the recapture time. You may face problems otherwise.
 
No Title

it is better to stick on with the 6 year limit. You might want to voluntarily get out of US upon your expire of 6 years stay outside for a year and then re apply for h1 should you want to come back again. Alternatively, if you are doing your GC and will be filing your I485 before your 6 years expire then I485 that would take over automatically upon filing your I485. It looks that you might want to have a second opinion from a qualified attorney before making a decision one way or another. As a precaution you might also want to inform INS that your initial petition was inadvertently represented incorrectly and give them the correct details.

-cs prakash
 
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what materials do you need for recapturing the time spent outisde U.S.?. What are the required conditions to do that?
 
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I was granted H1 for more than my 6years quota (INS never keeps track of YOUR 6 year limit - they have way too many things to attend to). Talked to my attorneys. They advised we should file 1 yr extension "under new S2045" law. Thats what we are doing. Hope this helps. (BTW - this extension should be applied before you run out your 6yr limit)

ak007
 
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