How to calculate six years

[poppyjoy]

Date of Entry Aug 1997.

1) Do I have to calculate the six years based on the entry date or based on the visa ???

2) My 6 years of H1B tenure expire this Oct 2003. I filed my LC Oct 25th. What are the options to apply for a 7th year extension.

3) Do I have to file for a leave extension before Aug 2003 or Before Oct 2003.

4) Can I file for a 7th year extension based on the leave extension filed.

 

[jaxen]

1. 6 years are calculated based on the entry date assuming that aug 1997 was the first time you entered USA in H visa. (different from F1 to H1 cases)

2. Your visa's expiry date dont matter. It is upto you to calculate the 6yr visa and leave US. If BCIS finds out about the beyond the 6 yr stay anytime later in your life, they can deport you or take action..

3. Leave extension You mean you want to stay away from US? if so it should be from Aug 2003

4. You can file for a 7th yr extension about 60 days before 7th yr starts I think, however since you would be out of US make sure that consular notification is also requested by the lawyer(to facilitate visa stamping at the consulate)

 

[poppyjoy]

Thanks for your reply. Some more queries

1) Do I have to apply for 7th year extension before August or before October ..cos I am planning to apply for an extension till Oct based on the days I stayed outside the US.

2) My husband has not applied for GC, if by any chance my 7th year extension gets approved, can he change his status to h4 based on family category cos his 6 years of H is also getting over by Aug.

 

[meowmeow]

1) BCIS rarely gives extension for days outside usa unless it is in bulk ...say 2-3 months. You can still try.
Also apply early bcos currently it takes more time to process h1/extensions.

2)yes