H1b extension

[mrkjun]

hi,

My employer filed my h1 visa extension incorrectly (missed one l1 visit entry)and i have come to know of it just now, while filing preparing documents for perm.Please help.the details is as follows:

first L1 -employer a-563 days
second L1 -employer a-91 days

H1 -employer b-117 days
H1 -employer b-55 days
H1 -employer b-540 days
H1 -employer b-617 days (till today)

The second L1 visit was less than 3 months.This entry was missed by mistake while getting H1b extension in 2008.Currently i have h1b till 14th april 2011.Including L1 and H1b ,I am on 6th year.Now applying for Perm(this month).Will the H1b extension that will be applied in 2011 february post any problem because of the missing L1 entries during the previous extension? my employer suggest that we defend that the last L1 entry was short term and so both L1 entries are neglible incase we get a query .Would this work? is there any other solution to this problem as i am in the last 6 months of stay in the 6th year?

 

[Concerned4us]

Three months is not a short entry.The USCIS will not "overlook" your MISREPRESENTED dates. If your employer's attorney presented that as a solution, he needs a new attorney. If it was his idea, he needs an attorney now.

The solution is for you to exit the US for a full year and qualify for a new 6 year term or your employer could process it so you reenter and rejoin after receiving GC.