H1 Extention question,colse to complete 6th year..

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needgceb2

New Member
I am completing 6 years of H1 in July 2013.

Current I797 is valid until march 2013 with current employer, I 140 is applied.

So if i go for H1 extension in Jan/Feb 2013, hoping i will have 140 approved by Dec 12, would i get an extension of 1 year or 3 yr or until July 13(In July 13, i complete 6yrs on H1 + L1) ?

other question is -
in worst case if i have to go on H4 after march 13 and i decide to go for MS/MBA in any of US univ, would i be eligible for OPT/CPT and new H1 after my masters is done ? or i have to be out of country for one yr to be eligible for another H1.

please suggest, also if you can guide me any other way out as of my current situation, goal is to extend stay in US and work.
 
Query - 221G

Hi,

I recently went to mexico for my Visa Stamping. For some reason, a 221-G was issued on my petition. They mentioned that US Consulate is unable to approve my case and they need additional time to grant Visa. They gave me 3 options (1 - stay in mexico till case is resolved, 2 - go to home country and get stamping, 3 - goback to US on temporary I-94 and then plan alternatives). I talked to my employer and he mentioned that 221-G query is not a major problem and Consulate may issue 221-G for any reason. The 221-G does not specify any reason and it said the "Administrative Processing required". My 140 iand LCA s filed and it is valid till may 2015.

I took the 3rd choice and came inside USA with an temporary I-94 in hand. That is set to expire on Oct 18.

My employer says that there is no problem and I'm safe to continue with my current project. In the meantime, I have initiated a LCA and once LCA approved, the H1B transfer will be initiated by my new employer.

Now, since there is a query on my case, is it correct to transfer my H1 at this point of time. What will be my status, if the new H1B gets approved and if I get new I-94.

Even if I have the new I94 (due to H1 Transfer), do I have a choice to continue with the current employer even when my H1 transfer is completed.

What is the legal implecation on the temporary I94.
 
If your I-94 says expiration ("departure date") Oct 18, then I would recommend you to contact the local port of entry http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/ (ideally the one you entered the U.S. through), and ask them if you are permitted to remain in the country beyond Oct 18, and if so, ask them to correct the date on the I-94 accordingly.
If you stay beyond Oct 18 (or whatever date they tell you), AND you don't obtain at least a H1B receipt of filing before then, I am afraid you will start to accumulate "illegal presence" which can result in severe bans to enter the US for 3 or 10 years (read more here shusterman.com/unlawfulpresencesimmigrationbars.html).

Depending on what the immigration inspectors at port of entry tell you about your final date, and how soon you can file for H1B transfer, you will need to decide what to do. If the date is Oct 18 indeed, and you won't be able to file for H1B transfer and obtain a receipt of filing before Oct 18, then you will have to depart the U.S., go to your home country, and wait out for the 221g administrative processing to complete. If this sounds like a bad scenario, try to talk to a local attorney before departing to see if they can come up with some strategy so you can remain in the U.S. on some legal status beyond Oct 18 and until you can file for H1B transfer.
 
221-G Issued on H1 Exttension Petition

Thanks. I was trying to google this issue and it was mentioned that an addendum to my H1 Petition may be filed to keep me in status in USA. Also, it was told that the Addendum may not work as the case is already in Pending status. I talked to one of the HR Person of my company and he mentioned that Refiliing the H1 is not possible as the H1 Window is already over. Do you have any thoughts on this. The local attorney suggested to file a H1Transfer where I will have a change of status (Current Temp I94 is with the category B2) and valid upto Oct 18.

Any thoughts on this.
 
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Very important -- you can't work while you are on B status.

You can try to get your current company to file to reinstate the H-1 status (basically to switch you back from B to H1 while you are still in the U.S.) But to do this three things need to happen: 1. they need to have documentation + LCA; 2. they need to do this before Oct 18.
 
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