H1B status validity..

[sgajjela]

H1B status validity after 6 years..

Hi,

Thank you very much for the help.

I have been on H1B since 5 years and I will be completing 6th year by April 11th 2004. My company filled a new H1B for extending the H1B status from April 11th 2004 to July 30th 2004. This few months of the extension is the time I was in India during past years on vacation. This new H1B is filled in December 3rd week of 2003 and I have not recieved the approval (I - 797). Just I have recipt number of my H1B application filling.

Now My question is, Is it legal to stay and work in US without approval of the new H1B after April 11th 2004 ?

Your advise is very valuable.

Thank You,
Srinivasa

 

[ginnu]

I have been on H1B since 5 years and I will be completing 6th year by April 11th 2004.
My company filled a new H1B for extending the H1B status from April 11th 2004 to July 30th 2004.
This few months of the extension is the time I was in India during past years on vacation.
------- USCIS may or may not extend the H1 for days spent out of USA it all depends on lawyer how he argued to USCIS with the evidence
This new H1B is filled in December 3rd week of 2003 and I have not received the approval (I - 797). Just I have receipt number of my H1B application filling.
------ You are in status for 240 days after filing or till they approve or deny
Now My question is, Is it legal to stay and work in US without approval of the new H1B after April 11th 2004?
----- Yes, till they don’t deny the extension.
** Don’t you have LC filed for you by ANY employer in past or by current employer? If that LC was filed 365 days back you can get 7th year H1 extension, you will need the evidence to prove that LC was filed 365 days back by ANY employer for you
*** Look for approved LC that match your education skills at the time of LC filing if your company has any LC approved and that matches with your education, EXP, skills then file I-140, I-485, EAD, AP with Labor substation

 

[sgajjela]

ginnu Thanks alot for the reply.

My current company ruined my GC processing comfortably. They supposed to file GC with pre-approved labor substitution as their promise during my hire.

Is it OK to use existing labor application (Some of old employees might have applied for labor and left the company) which are applied 365 days ago to get 7th year extension ?

Thank You so much for exposing issues to the light
Srinivasa