H1 Extension

kvkiisc

New Member
Dear All,

May i request all of you to kindly send in your advice on the following issue i am facing.

I have applied for H1-B visa thru a US based company ABC Inc., last year(2005) which essentially came into effect from 1 jan 2006. My petition (I-797) is valid from 1 jan 2006 to 26 july 2006. I have been granted a visa only for 6 months by the USCIS and it gets expired on 26 July 2006. My petition also gets expired on 26 July 2006, which means I have effectively only 2.5 months or so from today

To give you a brief back ground, i have listed all my my visits to the US till date. please note that i have completed around 44 months in the US including all my stays on L1b, L1A and B1 visa.

Date of entry
mm/dd/yyyy Date of Exit
mm/dd/yyyy Visa Type Duration in months
07/27/2000 10/28/2001 L1-B blanket 15
12/07/2001 10/11/2002 L1-B blanket 10
12/28/2002 03/30/2003 L1-B blanket 3
02/18/2004 03/17/2004 B1 1
07/18/2004 05/21/2005 L1-A blanket 10
05/31/2005 10/31/2005 L1-A blanket 5


1) Now the question is would i be able to apply for my H1 extension after arriving in the US and if yes what are the chances for getting the extension.

2) I came to know from the lawyer that for me to get an extension i should satisfy the following condition: ( please read the lawyer's mail below)

Hi Vijay

Please calculate yurself whether you completed your total stay in US on L-1 and H-1 amounts 6 years. If so when is yur 6 years going to be. As of that date if your labor/greencard application is pending for more than a year you can get H-1 extension. By getting extension it wont jeopardize your greencard application.

3) One of my colleague who also got an H1-B says that it is quite unlikely that i may get an extension and that it is too risky.

4) The Company says that they are quite positive on getting an extension saying that the B1 Visa visit for a month (18 feb -17 mearch 2004) as shown above would not be counted towards my H1 period of 6 years and thus should an extension as there is a more than 12 month gap from April 2003 to july 2004.

I am sure you would have some knowledge in these kind of issues....please do respond with your best shots at this..., Please advice me...
 
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kvkiisc said:
1) Now the question is would i be able to apply for my H1 extension after arriving in the US and if yes what are the chances for getting the extension.

2) I came to know from the lawyer that for me to get an extension i should satisfy the following condition: ( please read the lawyer's mail below)

3) One of my colleague who also got an H1-B says that it is quite unlikely that i may get an extension and that it is too risky.

4) The Company says that they are quite positive on getting an extension saying that the B1 Visa visit for a month (18 feb -17 mearch 2004) as shown above would not be counted towards my H1 period of 6 years and thus should an extension as there is a more than 12 month gap from April 2003 to july 2004.
.
1) You can. Chance is pretty close to 100% unless you have any wrongdoing such as working illegally, overstay long enough, criminal record, fraudulent employer.
2) Lawyer is right.
3) Rule is very clear, there is no risk as long as you satisfy the requirement.
4) you only spent 43 months with L1(1 month with B1 is not counted). YOu have more than 2 years with H1.
 
GotPR? said:
1) You can. Chance is pretty close to 100% unless you have any wrongdoing such as working illegally, overstay long enough, criminal record, fraudulent employer.
2) Lawyer is right.
3) Rule is very clear, there is no risk as long as you satisfy the requirement.
4) you only spent 43 months with L1(1 month with B1 is not counted). YOu have more than 2 years with H1.
Thanks a lot for you reply.

Could you please let me know on this possibility as well.

I learnt thru sources that during my stay on L1 if there is a break for more than an year as is the case with me (April 2003 till July 2004, barring my B1 stay for a month which accordingly to you wont be counted towards the H1 visa) the H1 cycles afresh since july 2004. Am i correct ? and if yes i have stayed in the US from july 2004 till oct 2005. therefore in the fresh H1 cycle only 15 months have been completed.

Please share your thoughts

Best Regards
v
 
kvkiisc said:
Thanks a lot for you reply.

Could you please let me know on this possibility as well.

I learnt thru sources that during my stay on L1 if there is a break for more than an year as is the case with me (April 2003 till July 2004, barring my B1 stay for a month which accordingly to you wont be counted towards the H1 visa) the H1 cycles afresh since july 2004. Am i correct ? and if yes i have stayed in the US from july 2004 till oct 2005. therefore in the fresh H1 cycle only 15 months have been completed.

Please share your thoughts

Best Regards
v
Also please note the following :

My petition (I-797) is valid from 1 jan 2006 to 26 july 2006. I have been granted a visa only for 6 months by the USCIS and it gets expired on 26 July 2006. My petition also gets expired on 26 July 2006, which means I have effectively only 2.5 months or so from today
 
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