L1 2 Yrs + H1 almost 4 yrs

[rrao]

Hi,
I came to US on L1 and then changed over to H1. I was on L1 for 2 years and now I am on H1. On my latest H1 the I-94 has been approved till sept 2004. My 6 years in US expries in 2002 Dec. My lawyer says

The INS approval notice is what controls, if they issued him an
extension beyond the six year limit, the extension is valid unless revoked.
However,no need to get technical here, as far the six year limit that applies to L is independent from the six year limit that applies to the H. The H limit is contained in INA Section 214(i)(2)(C)(ii) and the L limit is in 214(c)(2)(D). The statute does not combine the limits, so I don't see the problem here. His H is valid to September, 2004.

Do I need to apply for 7th year extension or am I ok.

Anybody please help my time is running out.

Raghu

 

[Jim Mills]

Actually, there is every reason to get technical here. As far as time in L status counting toward the six year limit, this is governed by 8 CFR 214.2(h)(13)(iii), which provides:

(A) Alien in a specialty occupation or an alien of distinguished merit and
ability in the field of fashion modeling. An H-1B alien in a specialty
occupation or an alien of distinguished merit and ability who has spent six
years in the United States under section 101(a)(15)(H) and/or (L) of the Act
may not seek extension, change status, or be readmitted to the United States
under section 101(a)(15)(H) or (L) of the Act unless the alien has resided
and been physically present outside the United States, except for brief trips
for business or pleasure, for the immediate prior year.

The problem with your attorneys position (although he is certainly correct that the I-94 is valid till cancelled) is that a misstatement on any of the preceding H-1 petitions regarding the time in H or L status could be considered immigration fraud when you get an immigration benefit from it. I'd avoid the potential problem and file for a 7th year extension.