H1B Stamping more than 6years

K

kaviareddy

New Member
Hello,
I have a strange situation and request somebody to give me smart legal suggestion. I have my H1b visa stamping for 6 years and 8months, my visa expires untill July 2006. I was outside US for only 3 months. I also have my I-797 and I-94 untill July 2006. I filed for my Green Card on May 2005. Now i wanna file for an extension, but my 6 years clock gets over by February 2006, considerin additional 3 months outside US. My attorney says Im good to go.
But i was going thro several forums. They say at any situation a person shouldnot stay in US for more than 6 years, unless the green card is under process and extension filed.
 
If 6 yrs 8 months visa is wrongly stamped in your pp you can not take as an advantage to you. Re caculate your stay in US, from the day you enter US.

kaviareddy said:
Hello,
I have a strange situation and request somebody to give me smart legal suggestion. I have my H1b visa stamping for 6 years and 8months, my visa expires untill July 2006. I was outside US for only 3 months. I also have my I-797 and I-94 untill July 2006. I filed for my Green Card on May 2005. Now i wanna file for an extension, but my 6 years clock gets over by February 2006, considerin additional 3 months outside US. My attorney says Im good to go.
But i was going thro several forums. They say at any situation a person shouldnot stay in US for more than 6 years, unless the green card is under process and extension filed.
Click to expand...
 
Hello kaviareddy,

I was in the similar situation and had to go thru painful 4 months with out knowing what will happen.

Great Guru is right, we can not take advantage of USCIS mistakes. He also helped me to thru the problem. he was nice enuf to meet with me and offer his insight regarding this issue.

Write me an email yogkc@yahoo.com I wil be happy to share information with you.

Good Luck
 
Thanks for the advice,
My 6 years got over by nov 2005. But i was out of US for 3 months, so my 6 yrs clock was over by Feb 2006. SInce my GC was filed on May 2005, i can get extention only by May 2006.
Can i stay till May 2006 and get my 7th year extention or should i leave the country??
Also if i stay till May 2006 and then if my extention is rejected will it affect my history to reenter US after an year? Please advice.
 
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