H1B - 6 yrs clock(Nov29,1998-Jun 10,2005)

[rthaniks]

My first H1 Visa was issued in Nov 17, 1998 and I came to USA on Nov 29, 1998 thro company A and first Visa and I-94 was till Aug 1, 2001. Then the same company A has applied for H1 B extension till Apr 04, 2004 and I got the visa and I-94 till Apr 04, 2004. Due to my personal reasons I moved to company B in Jun 2002 with an H1B approval till Jun 10, 2005 and I got the visa with the company B till Jun 10, 2005. Just I returned back to USA after visiting India for two weeks vacation, and this time I got the I-94 till Jun 20, 2005 with company B. If I stay and work till Jun 10, 2005 my total stay and work will amount to 6 yrs and 6 months. I was out of this country only for 5 weeks since Nov 29, 1998.

Please advise me whether I can stay and work till Jun 10, 2005 or should I call my company to apply for the 7th year extension before Nov 28, 2004 as my company has already filed my labor in May 2003. Thanks in advance.

 

[ginnu]

My first H1 Visa was issued in Nov 17, 1998 and I came to USA on Nov 29, 1998 thro company A and first Visa and I-94 was till Aug 1, 2001. Then the same company A has applied for H1 B extension till Apr 04, 2004 and I got the visa and I-94 till Apr 04, 2004.
Due to my personal reasons I moved to company B in Jun 2002 with an H1B approval till Jun 10, 2005 and I got the visa with the company B till Jun 10, 2005.
Just I returned back to USA after visiting India for two weeks vacation, and this time I got the I-94 till Jun 20, 2005 with company B.
If I stay and work till Jun 10, 2005 my total stay and work will amount to 6 yrs and 6 months. I was out of this country only for 5 weeks since Nov 29, 1998.

Please advise me whether I can stay and work till Jun 10, 2005 or should I call my company to apply for the 7th year extension before Nov 28, 2004 as my company has already filed my labor in May 2003.
*** did you count your 6 years from your first ENTRY date to US? if yes and you feel that H1 extension is more than 6 years from your entry to US then it is USCIS mistake better file 7th year h1 extension before you hit 6 years.
Thanks in advance.

 

[ms2406]

h1 expiry query

As I will be completing my 6 years on Jan'05, can I
file a new H1 soon after that i.e on feb'05 and
re-enter to usa after I complete my 1 year term outside USA i.e after jan'06 eventhough I get the H1 cleared.

Or
do I need to file the new H1 only after jan'06 ?

Please advise, I appreciate the reply.

Thanks
srini

 

[ginnu]

As I will be completing my 6 years on Jan'05, can I
file a new H1 soon after that i.e on feb'05 and
re-enter to usa after I complete my 1 year term outside USA i.e after jan'06 eventhough I get the H1 cleared.
------- you posed your company has filed LC for you if that hits 365 days then you can file 7th year any day before your 6 years are compleated( before I-94 expires) or 6 months advance of H1 expiry (if you have compleated 365 of LC pending
Or
do I need to file the new H1 only after jan'06 ?
----- Why you wany NEW FRESH H1??? if LC has NOT hit 365 days before you hit6 years then you have to go back and after exit from USA you have to wait 1 year to get NEW FRESH H1.for more info and your situation please go to your lawyer

srini