H1B2 Visa

[kosu]

Hi,

Here is my situation. I applied for Green card in VA. My RD is OCT 2003. Already it has been more that 365 days. As I am working for a DOD Contractor, I had two options one is getting the 7th year extension or apply for H1B2 which is a DOD H1B meaning that If I work on any DOD projects, the H1B visa is valid for 10 Years.

My 6 years on H1B is expiring on April 2005.

My attorney suggested that I can go for the DOD H1B. So we went ahead and filed for H1B2. I have the following question

1. Now in case if the INS denies H1B2, can I apply for the 7th year extension or will I be out of status. ?

2. If INS denies my case, do I need to leave the country?

3. In case if I need to leave the country, can I file my 7th year extension while I am out of US?

Please let me know.

Thanks

 

[ginnu]

Hi,

Here is my situation. I applied for Green card in VA.
--- what do you mean by "applied for Green card" do you mean LC or I-140 or filed I-485?????
My RD is OCT 2003. Already it has been more that 365 days.

As I am working for a DOD Contractor,
---- what is DOD ???
I had two options one is getting the 7th year extension or apply for H1B2 which is a DOD H1B meaning that

If I work on any DOD projects, the H1B visa is valid for 10 Years.
------ I have not read that and no info, provide the link to Law that says on DOD projects, the H1B visa is valid for 10 Years
My 6 years on H1B is expiring on April 2005.

My attorney suggested that I can go for the DOD H1B. So we went ahead and filed for H1B2. I have the following question

1. Now in case if the INS denies H1B2, can I apply for the 7th year extension or will I be out of status. ?

2. If INS denies my case, do I need to leave the country?

3. In case if I need to leave the country, can I file my 7th year extension while I am out of US?

Please let me know.

Thanks

 

[kosu]

I am sorry, I did not give a good explanation. I applied for LC from Virginia and my RD is OCT 2003.

DOD means Department of Defense. Basically we are contractors for the US Air Force.

From the INS Website
Link to the INS Website
How long can an alien be in H-1B status?

Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After that time an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period, when:

365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or


365 days or more have passed since the filing of an EB immigrant petition.