H1B Extension after 6 Years

M

Mahesh Mamidi

New Member
Based on the New Law. Does any body know whether I can extend my H1 Visa based on my Spouses Green Card application being pending in INS? We are waiting for our priority date.
 
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My understanding is that an alien cannot be in H1-B status for more than six
cummulative years under any circumstances. You will have to change to a
different status.

I\'m not an attorney.
 
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My question is also on the 6 year provision for H1.

What is the 1 year law about extension of H1. I know the new law indicates that if perm resi. process is going on for 1 year, then the person can get extension for 1 year at a time until that issue is resolved.

Is this 1 year the whole process, the I140 process or does it include the time when the actual process was started (originally sent to the state level).

Thanks.
 
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Hi, I am currently on an H-1 visa, and according to the 6-yr rule, it is due to expire in Sep 2002. But I got my last extension till Sep 2003. I am not sure if this is a mistake or a new law, and if there will be any legal complications if I stayed on till Sep 2003. Thanks in advance for an early response. Sincerely, Sushmit
 
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Be careful by friend. INS is not responsible for you overstaying. Ultimately you are responsible and INS expects you to act legally and inform them even if INS gives you extension beyond 6 years. To confirm consult your attorney.
 
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Yes, INS issued you the extra period by mistake. You should have told the lawyer about your 6 year last date. You have to notify INS about their mistake. This error may haunt you back once you file your green card.

Regards,

 - az
 
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One of my friend has recently filed LCA, my question is according to the new law AC21 can she apply for extention(beyond 6yrs) as her H1 will be expiring in OCT 2001. Anyone please advise.
PV
 
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