H1b/green card issue folks

[marlon2093]

hey guys, need some help. all these lawyers talk in a whole different language, or maybe i am too dumb.
My GC was applied about year and half ago, but from new york, so still in labor. my H1 will expire ( 7 years) in december 2004. what happens to my status? Please tell me i dont have to leave the country
Thanks

 

[atmaram]

hey guys, need some help. all these lawyers talk in a whole different language, or maybe i am too dumb.
My GC was applied about year and half ago, but from new york, so still in labor. my H1 will expire ( 7 years) in december 2004. what happens to my status? Please tell me i dont have to leave the country
Thanks

Sure. You don't have to leave the country. I think.

On a more serious note, this is true only if your employer files H1 extension for you. Candidates with their LC case filed at least 1 year ago can extend their H1 (beyond the 6-year limit) in 1 year increments for the life of the LC case.

HTH.
PS: I am not a lawyer.

 

[gp111]

hey guys, need some help. all these lawyers talk in a whole different language, or maybe i am too dumb.
My GC was applied about year and half ago, but from new york, so still in labor. my H1 will expire ( 7 years) in december 2004. what happens to my status? Please tell me i dont have to leave the country
Thanks

Apply for extension ASAP.

 

[marlon2093]

here is the thing though. My current employer didn't file for my GC. it's a prospective employer. Can my current employer still file for my extension?

Thanks guys

 

[gp111]

here is the thing though. My current employer didn't file for my GC. it's a prospective employer. Can my current employer still file for my extension?

Thanks guys

Yes you can still file H1 extension.

 

[marlon2093]

Thanks Bro.
So does that mean that my current employer is mandated to file for my H1 extension, given my labor certification status or is it their choice?

 

[Tonyo]

Travel when H1-B extension is pending

Hi folks,

My H1-B visa expires March next year. My employer has already filed for a three (3) years extension, which is still pending with the CIS.
I intend to travel abroad for about two weeks, using my valid passport and my valid H1-B visa that expires next year. Please advise if the pending status of my of my H1-B extensions would make any problems. Should I be worried? The lawyer says no, but I have read some articles and FAQ in this forum that state the opposite.
(First, the date of my last arrival into USA will now be different and second I'll be issued a new I-94 upon reentry into USA.)
Thanks in advance for your help.

 

[gp111]

Thanks Bro.
So does that mean that my current employer is mandated to file for my H1 extension, given my labor certification status or is it their choice?

dude, its your employers choice not a Mandatory requirement. If they no longer want to employ you what can you do ?

 

[gp111]

Hi folks,

My H1-B visa expires March next year. My employer has already filed for a three (3) years extension, which is still pending with the CIS.
I intend to travel abroad for about two weeks, using my valid passport and my valid H1-B visa that expires next year. Please advise if the pending status of my of my H1-B extensions would make any problems. Should I be worried? The lawyer says no, but I have read some articles and FAQ in this forum that state the opposite.
(First, the date of my last arrival into USA will now be different and second I'll be issued a new I-94 upon reentry into USA.)
Thanks in advance for your help.

If you return to US before Visa in your passport expires you are fine. Only thing is if your extension gets approved while you are out, try to get it there & return to US with the approval & you will get new i94 with extended date.

 

[Tonyo]

If you return to US before Visa in your passport expires you are fine. Only thing is if your extension gets approved while you are out, try to get it there & return to US with the approval & you will get new i94 with extended date.

Thanks for your prompt response gp111. I doubt that I'd be able to get the approval, when I am abroad. What would be the consequences of that? Anyways my old I-94 will expire the mid of March and if I am approved for the 3 years extension of the H1-B, I'd still be able to work legally in the States with the approval notice. I won't have an extended I-94, but this will not involve me in any troubles. If I need to travel again I have to apply for a visa in a Consulate abroad. Am I missing something? Thanks again.