H1B 6 years - Please help

G

gkmhan

Registered Users (C)
Hi,

I have a very peculiar situation. My labor has been applied but my 6 years expires before 1 year completes for labor. For me to apply for 7th year extension later, it is very important that I reclaim my H1 time that I didn't use while I was in India.

During 2000 (From Feb 2000 to May 2000 - 4 months to be exact), I was in India waiting for my H1 transfer. I was not on payroll for any company.

Can someone please let me know how I can reclaim this time. What is the documentation/evidence that is needed?

Thanks a lot.. Quick response will be greatly helpful..
 
For me to apply for 7th year extension later, it is very important that I reclaim my H1 time that I didn't use while I was in India.

During 2000 (From Feb 2000 to May 2000 - 4 months to be exact), I was in India waiting for my H1 transfer. I was not on payroll for any company.
------ You may be able to recapture the time out of US it all depends how your lawyer with all Stamps on your passport ( you get stamp when you enter India and depart India) argue with USCIS and attaches all the evidence. I have seen many cases where USCIS has denied the extension or recapture of that time out of US but once you file H1 extension you can buy the time because USCIS will take 4-7 months to approve or deny the extension and you will complete 365 days while H1 extension is pending and with the H1 filing receipt you can file I-140 and I-485, EAD, AP

Can someone please let me know how I can reclaim this time. What is the documentation/evidence that is needed?
---- You need a good lawyer and he can guide you.
*** As back up try to find LC approved by your company if they have and it matches you skills , education before the date LC was filed you need to have same education, EXP , skills if that is available from your company or any other company find it network with friends they may help you. IF any approved LC is available then file I-140, I-485 with labor substitution (even if you have to enter a DEAL with employer who has the LC that will be best option as back up)
 
Thanks a lot ginnu, that answers my question exactly.

The only question is I don't have a choice of lawyer. I have to go with the company's lawyer even though he is good or not, right?
 
The only question is I don't have a choice of lawyer. I have to go with the company's lawyer even though he is good or not, right?
--- that is your problem I cant help in this matter
 
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