H1 expiring and LC < 1year (HELP PLEASSSEEE!!)

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parulkarg

New Member
Sorry folks if this is a repeat question but I lost my sanity today after my lawyer informed me I could be in trouble.
Here's the situation.
My H1 6 year term ends dec 4 2004. My LC was filled in Feb 04, so I am falling short by about 2 months. My lawyer said he can explore the possibilty of using the time I was out of US during last 6 years for buying 2 months.
My question is, is the time you are out counted in 6 year? is there any situation it's not counted?
Is there any workaround/loophole that I can use to continue?
How about filing a day or two before it ends and hopefully INS will sit on it for 2 months which will mean I can contiue and my 1 year will kick in?

Please, please please give me some consolation, anything

Thanks a bunch!!
 
Thanks for reply. I have 4 vacations or aorund 1 month each totalling 4 months , will that count? Lawyer wasn't sure if vcations count. He wasn't guaranteeing anything. He said something like the work should be affected in my absense, it should not happen, then only it counts. I did not quite understand your suggestion about taking leave for 2 months and getting paid. Are you saying it's good if I get paid during those 2 months or no? Please clarify. Thanks!!
 
It is not really that simple. The USCIS has taken the position (officially, although they do not always take a hard-line on this) that for the time outside the US to be reclaimed it would need to "meaningfully interrupt" your H-1B status. Vacations do not normally do this.

That being said, I have successfully reclaimed vacation time spent out of the US. There is just no guaranty.
 
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