H1B 6 Yrs Rule

V

vsharmaimm

Registered Users (C)
Hi,

One of of my friends was on H4 for 3 Yrs and then got H1B. Now the total of 6 Yrs is coming to an end in October 2006. But on a recent change of Jobs the H1B Approval Notice validity is until January 2008.
She does not have any pending labor certification.

What is she supposed to do?

Can she continue to work until Jan 2008, as her Husband's Green Card Process is initiated, but is still in the Labor Certification Step.

Or should she quickly start the Labor Certification Process?

But even if she starts now, isn't it too late.

Is there anything illegal in continuing to work?
 
Even USCIS oversight on dates, staying more than 6 years on H status with no LC pending is illegal.
Your attorney has to inform USCIS and amend the dates, otherwise you will be out of status technically and your future gc immigration or non immigration visa may be in trouble.

vsharmaimm said:
Hi,

One of of my friends was on H4 for 3 Yrs and then got H1B. Now the total of 6 Yrs is coming to an end in October 2006. But on a recent change of Jobs the H1B Approval Notice validity is until January 2008.
She does not have any pending labor certification.

What is she supposed to do?

Can she continue to work until Jan 2008, as her Husband's Green Card Process is initiated, but is still in the Labor Certification Step.

Or should she quickly start the Labor Certification Process?

But even if she starts now, isn't it too late.

Is there anything illegal in continuing to work?
Click to expand...
 
But are we expected to know all these complex rules?

And the reason I am saying this is, she actually did not know about this rule until recently when she got a good offer from a reputed company and when their attorneys started on the H1B transfer they found this out.

She thought that the 6Yr rule is for H1B. Did not know it includes H4.
Otherwise she would have applied for an LC earlier.

But the attorney also told her that she is not supposed to know this. So she is ok until Jan 2008.
 
Last edited by a moderator:
Iam also in pretty much same situation as your friend. I have only about 11 months now to apply or start the GC process. and its all the mistake of the H1 that was issued to me till july 2008.

Your friends attorney is not quite right...you are supposed to know basic rules regarding H1...that you cannot be in this country for more that 6 years. Period. Unless ofcourse you have filed for labor, 1 year earlier.

Even pre-approved labor would not solve this issue, cause you can apply I-140 and then once cleared, there are no current dates for Eb2 or EB3 to file I-485.

If you get a good advise please share it with me...i'd truly appreciate it.
thanks.
Ram
 
rchandran_19 said:
Iam also in pretty much same situation as your friend. I have only about 11 months now to apply or start the GC process. and its all the mistake of the H1 that was issued to me till july 2008.

Your friends attorney is not quite right...you are supposed to know basic rules regarding H1...that you cannot be in this country for more that 6 years. Period. Unless ofcourse you have filed for labor, 1 year earlier.

Even pre-approved labor would not solve this issue, cause you can apply I-140 and then once cleared, there are no current dates for Eb2 or EB3 to file I-485.

If you get a good advise please share it with me...i'd truly appreciate it.
thanks.
Ram
Click to expand...

Pre-approved labor will work if the original labor was filled before 365 days. For 7th year extension send copy of pre-approved labor and I-140 receipt notice, it will work to get 7th year extension.
 
dsugandhi said:
Pre-approved labor will work if the original labor was filled before 365 days. For 7th year extension send copy of pre-approved labor and I-140 receipt notice, it will work to get 7th year extension.
Click to expand...


thank you for the response. Truly appreciate your help and praise your patience to answer all the questions posed by many who come to this forum to get an answer.
DSUGANDHI, you ar Great!!!
 
But as I have earlier mentioned, she was initially on H4. She has completed only three yrs in H1B. When she got an extension upto 2008, this is what she thought was the reason, that a person can be in US for six yrs on H1B without an LC Pending.
 
Is he real attorney ?

He is telling, if you get a driving license to drive your vehicle, you are not suppose to know any rules.

Is it OK to you, not knowing any rules.
This is your responsiblity to know all the rules if you are in a foreign country. If you do not understand the rules you have to seek "real" attorney consultations

vsharmaimm said:
But are we expected to know all these complex rules?

And the reason I am saying this is, she actually did not know about this rule until recently when she got a good offer from a reputed company and when their attorneys started on the H1B transfer they found this out.

She thought that the 6Yr rule is for H1B. Did not know it includes H4.
Otherwise she would have applied for an LC earlier.

But the attorney also told her that she is not supposed to know this. So she is ok until Jan 2008.
Click to expand...
 
This attorney is the attorney of the company holding the H1B.
Isn't H1B a company thing vis-a-vis DL which is a personal thing?

But I am really thankful for all your help!
Can you pl tell what kind of problems will her husband have in his GC process if her company refuses to budge. Her husband's company is in the LC and I-140 Process, but the I-485 will have to wait until the priority date is current?

Thanks a ton!
 
You must log in or register to reply here.
Top