Need help with H1 question

satishL

New Member
I entered this country in Feb'1999 and Labor Certification for GC was filed by company. Now this week my company is acquired by another company. The chances are very slim that the other company will continue my GC Filing.
1) How long can I stay legally before I go back to India in case i don't have a job tomorrow.
2) Does the vacation time in India account for the 6 years limit
3) We are expecting a kid in March. Can we stay until March and then move back to India?

Please advise.
 
satishL said:
I entered this country in Feb'1999
--- count the 6 years from the date you entred US

and Labor Certification for GC was filed by company.
Now this week my company is acquired by another company. The chances are very slim that the other company will continue my GC Filing.
-- if the comany is acquired with all immigration matters then you should talk to past company lawyer or new lawyer
1) How long can I stay legally before I go back to India in case i don't have a job tomorrow.
------ you will become illegal the day I-94 expires but you can find job with other comany and they can file for your 7th year H1 extension/ or H1 transfer , you need your LC pending by ANY employer more than 365 days for 7th year H1 extension and you need the Evidence of LC pending more than 365 days and Evidence is the Reciept that lawyer who filed LC got LC filing reciept from SESA or SWA after LC was filed, you can file 7th year h1 with that evidence
2) Does the vacation time in India account for the 6 years limit
--- You can recapture the Vacation time, you need good lawyer to do it and attach all the passport Pages that have US entry Stamps and when you left India ( you have stamp in PP) and lawyer should point out these dates of departure from US on cover letter and explain how many days you have been out of US. you need to provide your first enry to US then the date you departed then again you came to US on.. date and departed date.....
3) We are expecting a kid in March. Can we stay until March and then move back to India?
--- read the above
Please advise.
 
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