It's getting exciting... any suggestions?

V

vmiki5

Registered Users (C)
Hello... it's getting to a nail-biting finish on my stay in the US.

So i've used up the 6 yrs on my H-1, and it expires on Jan 10, 2009 (exactly a month from now).

PERM was filed on June 10, 2008, so it's been 6 months now. I am not able to check on the GC status, all i've been told is that it's still showing up as "in process".

It is a "clean case" - is there any way to expedite my Labor Certification approval AND then file I-140 AND extend H-1 for a year within my available timeframe? Any other options?

Or should i start packing my bags and looking for a one-way ticket?

THANKS FOR ANY HELP, OR EVEN JUST MORAL SUPPORT :)
 
6 years continuous stay ... if you have travelled outside the country for days and months you might be able to get that back on your H1 and you might be able to extend depends for how long you were outside the country
 
vmiki5
According to AC21 provisions, If a labor certification ETA 9089 has been filed before start of 6th year of h1b and is still under process, then you can extend your h1b in 1 year increments
 
Thanks for the responses...
Unfortunately, my expiry date already includes the reclaimed vacation time :(.

Any Canada options?
Thanks.
 
I hope its ok for me to psot this link.
http://www.murthy.com/news/n_h1bext.html
Am i right in assuming that if my LC was filed on June 10, 2008 and is still pending, i can apply for a 7th yr extension of my H1B to start on June 11, 2009? I know i will still have to leave the country between Jan & June, but that's better than waiting for what could realistically be 1.5 yrs before i return on a new H1.
 
another option can be to leave US this week so your h1b usage stops, and then wait until your perm gets approved. then recapture remaining 3 weeks of h1b (between now -Jan 10, 2009) that you didnot use and come back to US. once back, file immediately for I-140 premium processing that gets approved in 2 weeks.

i am not sure if the above works. just a thought. i am in same rocky boat myself. and just thinking about all possible solutions.
 
Thanks for the info sbalhara, my lawyer did figure this out and i had a nice 2-month vacation recently to buy time, but looks like its not enough. To make this work, you have to reclaim the lost time while the visa is still valid.
 
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