You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
H1 extended beyond 6 yrs
- Thread starter jd imm
- Start date
Extension of H1 beyond 6 yrs
yes, its quite true. It has happened in my case and I am working with the attorney to sort this out. Its better to early than late. You would never want the INS to debarr you for 5-10 yrs and revoke your next entry into the US.
I don\'t know if its a bug in the INS system. But looks like they never check the 6 yrs limit. I did read a couple of posts in this section wherein people have been asking the same question.
yes, its quite true. It has happened in my case and I am working with the attorney to sort this out. Its better to early than late. You would never want the INS to debarr you for 5-10 yrs and revoke your next entry into the US.
I don\'t know if its a bug in the INS system. But looks like they never check the 6 yrs limit. I did read a couple of posts in this section wherein people have been asking the same question.
anna baker
Team Member, Immigration.Com
H-1 extended beyond 6 yrs
Please read the following attachment.
The writer of this message is not a lawyer and this message is not meant to be legal advice. Before relying on this information, you must consult a lawyer on the facts of your specific case. The Law Offices of Rajiv S. Khanna takes no responsibility for the accuracy of this information.
Please read the following attachment.
The writer of this message is not a lawyer and this message is not meant to be legal advice. Before relying on this information, you must consult a lawyer on the facts of your specific case. The Law Offices of Rajiv S. Khanna takes no responsibility for the accuracy of this information.
can someone guide me on this ?
My H1-B 6Yrs. expiring on Oct 30 \'02. I took around 4 months Vacation during this period. Somehow my Current H1 is Valid till Mar\'2004. My Lobor is now pending more than 365 days. Can someone guide on following?
(1)What will be my actual expiration oct\'02 or Oct 30 \'02 + 4 months = Feb end 03 ?
(2) Since my H1 is already up to Mar\'2004 do i need to apply for extension of 4 months ?
(3) Can i apply for H1-B extension as labor pending more than 365 days ?
I will appreciate your reply.
Thanks in advance.
My H1-B 6Yrs. expiring on Oct 30 \'02. I took around 4 months Vacation during this period. Somehow my Current H1 is Valid till Mar\'2004. My Lobor is now pending more than 365 days. Can someone guide on following?
(1)What will be my actual expiration oct\'02 or Oct 30 \'02 + 4 months = Feb end 03 ?
(2) Since my H1 is already up to Mar\'2004 do i need to apply for extension of 4 months ?
(3) Can i apply for H1-B extension as labor pending more than 365 days ?
I will appreciate your reply.
Thanks in advance.
H1 Extension after 6 Yrs
I know there are few people with same situation. Please help how to solve this issue .......
My H1 6yr quota is getting over in Mar 2003.
Last yr I moved to another location, so my company filed H1 amendment.
In my new amendment petition, new I94 date shows May 2004!!!
I have already filed for my Labor 365 days before my H1 expires, but still its not yet approved at SESA(state).
So can I stay back after Mar 2003, even if I don\'t get my Labor Certification, b\'cos my new I94 date is now May 2004???
Please let me know. Thanks a lot in advance!!!
I know there are few people with same situation. Please help how to solve this issue .......
My H1 6yr quota is getting over in Mar 2003.
Last yr I moved to another location, so my company filed H1 amendment.
In my new amendment petition, new I94 date shows May 2004!!!
I have already filed for my Labor 365 days before my H1 expires, but still its not yet approved at SESA(state).
So can I stay back after Mar 2003, even if I don\'t get my Labor Certification, b\'cos my new I94 date is now May 2004???
Please let me know. Thanks a lot in advance!!!
yahoo1,
Since INS is yet to release AC21 regulations there are many interpretations of law floating around...Given below is from my lawyer's site:
Must a labor certification application, if required, have been merely filed or must it be approved 365 days ago before this section takes effect?
AC-21 states and the June 19 memorandum reiterates that section 106(c) only permits H-1B extensions past the sixth year if an immigrant visa petition (Form I-140) or an adjustment of status application (Form I-485) have been filed AND 365 days or more have elapsed since the filing of the labor certification (ETA Form 750), if required, or the I-140. Therefore, if a labor certification is required, it must have been filed 365 days ago, and an I-140 immigrant visa petition must be filed based on an approved labor certification, in order to benefit from this provision. If a labor certification is not required, then the I-140 petition must have been filed at least 365 days before the end of the 6 year stay. The types of cases where a labor certification is NOT required before the filing of the I-140 immigrant visa petition are extraordinary ability alien, outstanding researchers, national interest waivers and multinational manager/executive petitions
In your case, you've to file for my I140 before Mar 2003 and apply for another H1 extension. This is totally based on interpretations and INS may have something in mind.
Hope by then INS would have released AC21 regulations and make it clear to everyone.
Since INS is yet to release AC21 regulations there are many interpretations of law floating around...Given below is from my lawyer's site:
Must a labor certification application, if required, have been merely filed or must it be approved 365 days ago before this section takes effect?
AC-21 states and the June 19 memorandum reiterates that section 106(c) only permits H-1B extensions past the sixth year if an immigrant visa petition (Form I-140) or an adjustment of status application (Form I-485) have been filed AND 365 days or more have elapsed since the filing of the labor certification (ETA Form 750), if required, or the I-140. Therefore, if a labor certification is required, it must have been filed 365 days ago, and an I-140 immigrant visa petition must be filed based on an approved labor certification, in order to benefit from this provision. If a labor certification is not required, then the I-140 petition must have been filed at least 365 days before the end of the 6 year stay. The types of cases where a labor certification is NOT required before the filing of the I-140 immigrant visa petition are extraordinary ability alien, outstanding researchers, national interest waivers and multinational manager/executive petitions
In your case, you've to file for my I140 before Mar 2003 and apply for another H1 extension. This is totally based on interpretations and INS may have something in mind.
Hope by then INS would have released AC21 regulations and make it clear to everyone.
yahoo1,
Since INS is yet to release AC21 regulations there are many interpretations of law floating around...Given below is from my lawyer\'s site: Must a labor certification application, if required, have been merely filed or must it be approved 365 days ago before this section takes effect? AC-21 states and the June 19 memorandum reiterates that section 106(c) only permits H-1B extensions past the sixth year if an immigrant visa petition (Form I-140) or an adjustment of status application (Form I-485) have been filed AND 365 days or more have elapsed since the filing of the labor certification (ETA Form 750), if required, or the I-140. Therefore, if a labor certification is required, it must have been filed 365 days ago, and an I-140 immigrant visa petition must be filed based on an approved labor certification, in order to benefit from this provision. If a labor certification is not required, then the I-140 petition must have been filed at least 365 days before the end of the 6 year stay. The types of cases where a labor certification is NOT required before the filing of the I-140 immigrant visa petition are extraordinary ability alien, outstanding researchers, national interest waivers and multinational manager/executive petitions In your case, you\'ve to file for my I140 before Mar 2003 and apply for another H1 extension. This is totally based on interpretations and INS may have something in mind. Hope by then INS would have released AC21 regulations and make it clear to everyone.
Since INS is yet to release AC21 regulations there are many interpretations of law floating around...Given below is from my lawyer\'s site: Must a labor certification application, if required, have been merely filed or must it be approved 365 days ago before this section takes effect? AC-21 states and the June 19 memorandum reiterates that section 106(c) only permits H-1B extensions past the sixth year if an immigrant visa petition (Form I-140) or an adjustment of status application (Form I-485) have been filed AND 365 days or more have elapsed since the filing of the labor certification (ETA Form 750), if required, or the I-140. Therefore, if a labor certification is required, it must have been filed 365 days ago, and an I-140 immigrant visa petition must be filed based on an approved labor certification, in order to benefit from this provision. If a labor certification is not required, then the I-140 petition must have been filed at least 365 days before the end of the 6 year stay. The types of cases where a labor certification is NOT required before the filing of the I-140 immigrant visa petition are extraordinary ability alien, outstanding researchers, national interest waivers and multinational manager/executive petitions In your case, you\'ve to file for my I140 before Mar 2003 and apply for another H1 extension. This is totally based on interpretations and INS may have something in mind. Hope by then INS would have released AC21 regulations and make it clear to everyone.
rjani -
Firstly, vacation time will never be eligible for recapture. I just got 15 months recaptured, but all of that was owing to LONG TERM overseas stays - either on projects to foreign clients or deputation to foreign subsidiaries/companies. In fact, I got an RFE when I filed the H1 extension request, and had to revert with copious documentation etc. to get it back. But i must say that it is still a matter of some subjectivitiy - based on whether the INS person judging your case likes the argument(s) or not!
(1)What will be my actual expiration oct\'02 or Oct 30 \'02 + 4 months = Feb end 03 ?
-- As mentioned, dont consider the 4 months - since you are defining that period as "vacation".
(2) Since my H1 is already up to Mar\'2004 do i need to apply for extension of 4 months ?
-- Lucky you....dont mess around with the "4 momths"...just forget it! ;-) It is good that your H1 anyway runs till Mar-2004!!!
But do DEFINITELY get the VISA stamped - either within the US or going out to some consulate (most likely your home country, since Canada/Mexico is no more the preferred option - per my lawyer!) If u dont have the VISA, then you will not be able to leave and re-enter the USA after Oct 30, 2002
(3) Can i apply for H1-B extension as labor pending more than 365 days ?
-- NO....you need an I-140 to be filed to be eligible for the so-called "7th year extension"
As always, I AM NOT A LAWYER. So please please please run the above by a qualified attorney.
Good luck.
Firstly, vacation time will never be eligible for recapture. I just got 15 months recaptured, but all of that was owing to LONG TERM overseas stays - either on projects to foreign clients or deputation to foreign subsidiaries/companies. In fact, I got an RFE when I filed the H1 extension request, and had to revert with copious documentation etc. to get it back. But i must say that it is still a matter of some subjectivitiy - based on whether the INS person judging your case likes the argument(s) or not!
(1)What will be my actual expiration oct\'02 or Oct 30 \'02 + 4 months = Feb end 03 ?
-- As mentioned, dont consider the 4 months - since you are defining that period as "vacation".
(2) Since my H1 is already up to Mar\'2004 do i need to apply for extension of 4 months ?
-- Lucky you....dont mess around with the "4 momths"...just forget it! ;-) It is good that your H1 anyway runs till Mar-2004!!!
But do DEFINITELY get the VISA stamped - either within the US or going out to some consulate (most likely your home country, since Canada/Mexico is no more the preferred option - per my lawyer!) If u dont have the VISA, then you will not be able to leave and re-enter the USA after Oct 30, 2002
(3) Can i apply for H1-B extension as labor pending more than 365 days ?
-- NO....you need an I-140 to be filed to be eligible for the so-called "7th year extension"
As always, I AM NOT A LAWYER. So please please please run the above by a qualified attorney.
Good luck.
Vacation recapture
One person on this website said s/he got back 2 weeks spent on a Caribbean cruise. I get the impression that its very arbitrary. Technically, only the time you spend IN the US on H1 status counts so theoretically, even 2 weeks outside should not fall within the 6 year limit.
One person on this website said s/he got back 2 weeks spent on a Caribbean cruise. I get the impression that its very arbitrary. Technically, only the time you spend IN the US on H1 status counts so theoretically, even 2 weeks outside should not fall within the 6 year limit.
Recapture of vacation time abroad
INS pretty clearly seems to think that you can't reclaim vacation time unless your stay is "meaningfully interrupted" and short vacations are not meaningful interruptions according to INS.
I have no idea where INS gets this interpretation and, in my opinion, it is not supported by any law or regulation. My advice would be not to depend on being able to reclaim the time but I would certainly give it a try if it became necessary.
INS pretty clearly seems to think that you can't reclaim vacation time unless your stay is "meaningfully interrupted" and short vacations are not meaningful interruptions according to INS.
I have no idea where INS gets this interpretation and, in my opinion, it is not supported by any law or regulation. My advice would be not to depend on being able to reclaim the time but I would certainly give it a try if it became necessary.
got my 7th ext Aproved!!!!!
Just came to know from attorney that 7th year was approved
via premium processing..in 10 days.
I had used former comp LC and filed I140 cert..
But i didnt get my vacation time out of US (~6months)
for which i had filed another earlier ext and it was
pending with INS., but my attorney later filed
another for 7th year..will the original one be discarded?
Savgarden..
Just came to know from attorney that 7th year was approved
via premium processing..in 10 days.
I had used former comp LC and filed I140 cert..
But i didnt get my vacation time out of US (~6months)
for which i had filed another earlier ext and it was
pending with INS., but my attorney later filed
another for 7th year..will the original one be discarded?
Savgarden..
245i-victim
Registered Users (C)
Congratulation Savgarden!!!!!!!
I am in the same situation and would like some guidance.
Was your LC and I-140 from previous employer?
Had you filed LC with the current employer and did the lawyer include it as part of the application?
Which service centre?
Any help will be greatly appreciated.
I am in the same situation and would like some guidance.
Was your LC and I-140 from previous employer?
Had you filed LC with the current employer and did the lawyer include it as part of the application?
Which service centre?
Any help will be greatly appreciated.
Yes..The LC/I140 (filing copy)very from my prev employer..
And also my labor was filed in January of this year!!
It was a border case..i mean i filed for 6months vacation time
i took out of US (didnt yet receive it) and on Aug 9th
my H1 expired and i heard (sameday) from attorney that 1 yr ext
was approved..via premium processing..
Otherwise i would have packed my bags for india~!
Good luck..friend..().
And also my labor was filed in January of this year!!
It was a border case..i mean i filed for 6months vacation time
i took out of US (didnt yet receive it) and on Aug 9th
my H1 expired and i heard (sameday) from attorney that 1 yr ext
was approved..via premium processing..
Otherwise i would have packed my bags for india~!
Good luck..friend..().
245i-victim
Registered Users (C)
Thank you savgarden. A clarification:
The LC filed in Jan 2002 was with previous employer or current employer?
Do you have one LC or two filed?
Thank you again. You have given hope to a whole bunch of people.
The LC filed in Jan 2002 was with previous employer or current employer?
Do you have one LC or two filed?
Thank you again. You have given hope to a whole bunch of people.
6 yrs and left. Next?
Hi,
I would appreciate any responses on my question.
I have finished my 6 yr term on H1 and left the country a couple
of months ago and now working in Canada.
I have not applied for GC processing at all.
I was just wondering if I can apply for H1 again and start working
in USA maybe after 6 months?
Also, is it possible for me visit USA on a visitor visa so I can get
to meet my friends and relatives?
If I apply for the visitor visa is there any good chance that
they will reject me, only to get this rejection carried over
to the next time I appear for a H1?
Please let me know.
Thanks a bunch!
Kum
Hi,
I would appreciate any responses on my question.
I have finished my 6 yr term on H1 and left the country a couple
of months ago and now working in Canada.
I have not applied for GC processing at all.
I was just wondering if I can apply for H1 again and start working
in USA maybe after 6 months?
Also, is it possible for me visit USA on a visitor visa so I can get
to meet my friends and relatives?
If I apply for the visitor visa is there any good chance that
they will reject me, only to get this rejection carried over
to the next time I appear for a H1?
Please let me know.
Thanks a bunch!
Kum
swethaprakash
New Member
Urgent Please. I am in the same boat
Congratulation Savgarden!!!!!!!
I am also in the same boat. Let me explain my case. My 6th yr. will be coming in Sept.2003 and I got Labor +I-140 got approved from company 'A' and that was a consulting company and they could not able to place me at that stage so I had to leave. Now I am with company 'B'. Company B is ready to file for Green Card. Can I use Company 'A' s Labor+ I-140 and proceed to I-485 and apply for H1- 7th yr. extension. Company 'A' where I got LC + I-140 is from Nebraska service centre. Company 'B' is in California and comes to California Service Centre. Please advise.
Congratulation Savgarden!!!!!!!
I am also in the same boat. Let me explain my case. My 6th yr. will be coming in Sept.2003 and I got Labor +I-140 got approved from company 'A' and that was a consulting company and they could not able to place me at that stage so I had to leave. Now I am with company 'B'. Company B is ready to file for Green Card. Can I use Company 'A' s Labor+ I-140 and proceed to I-485 and apply for H1- 7th yr. extension. Company 'A' where I got LC + I-140 is from Nebraska service centre. Company 'B' is in California and comes to California Service Centre. Please advise.