Need Information - H1, completing 6 years. But current visa is valid till Dec 2005

M

Manivasagam

Registered Users (C)
Hi,

I am completing my 6 years limit in H1B by Jul 2004. But, my current H1B approval notice is expiring only in Dec 2005.

Given this situation, can I continue to work after Jul 04. Is it legally allowed or not...? Or the 6 year H1 rule will override this valid visa?

Can anyone who has some legal knolwdge, provide some information reg this...?

Thanks for your input.

Rgds,
-MS.
 
Originally posted by Manivasagam
Hi,

I am completing my 6 years limit in H1B by Jul 2004. But, my current H1B approval notice is expiring only in Dec 2005.

Given this situation, can I continue to work after Jul 04. Is it legally allowed or not...? Or the 6 year H1 rule will override this valid visa?

Can anyone who has some legal knolwdge, provide some information reg this...?

Thanks for your input.

Rgds,
-MS.
Click to expand...
Your H1 expires on the 6th year limit regardless of what the approval notice says.
 
Hi,

Thanks for your response.

I have another question. What would be the least possible time I could wait to apply for a H4, if my H1B 6 year completion is in Jul' 04.

Thanks,
-MS.
 
Also, If I apply now, and if the receipt notice comes in a month then can I continue to work until Jul '04 or should I immediately stop working.

Thanks,
-MS.
 
Originally posted by Manivasagam
Hi,

Thanks for your response.

I have another question. What would be the least possible time I could wait to apply for a H4, if my H1B 6 year completion is in Jul' 04.

Thanks,
-MS.
Click to expand...

Even if you apply for H4 you will have to depart US at the end of 6 years, the 6 year limit includes H1 and H4. In your case you will have to depart Jul 2004. The only way you can extend is to have filed for Labor certification before July 2003 and that LC be either pending or an I-140 based on that LC be pending.
 
or I-485 filed or LC filed for you by ANY employer that is pending more than 365 days and you have evidence then you can apply 7th year H1 extension before your H1 or I-94 expires.

If no LC filed for you and pending then look for an approved LC from some company that matches your skills, education before the date that LC was filed. If you find approved LC then file I-140 with labor substitution and also file I-485, EAD AP, the day you get receipt for I-140 filing or I-485 filing you can file 7th year H1 extension to be safe and even if that I-140 is rejected or denied your 7th year H1 extension will be valid
 
nkm-oct23, you are surprising me !
I am in the same situation - my 6 years on H-1B expire on Jun 26, 2005 and my H-1B approval notice expiry date says Jan 3, 2006. My labor was filed in Sep 2002. Can I continue working until Jan 2006 or do I need to do 7th year H-1B extension before Jun, 2005 ?
 
Originally posted by azzuri
nkm-oct23, you are surprising me !
I am in the same situation - my 6 years on H-1B expire on Jun 26, 2005 and my H-1B approval notice expiry date says Jan 3, 2006. My labor was filed in Sep 2002. Can I continue working until Jan 2006 or do I need to do 7th year H-1B extension before Jun, 2005 ?
Click to expand...
You will need extension into 7th year after you complete 6 years in H1. Does not matter if your current h1 approval notice says Jan 2 next year, your h1 expires after 6 years.
 
Where do you have this information from ? I cannot believe that I could be out of status in the country if I have a valid document issued by US immigration authorities.
 
Originally posted by azzuri
Where do you have this information from ? I cannot believe that I could be out of status in the country if I have a valid document issued by US immigration authorities.
Click to expand...
A document issued in error is not considered a valid document. For example if USCIS today issues you a green card with an incorrect "resident from" date that is 10 years ago, you cannot apply for citizenship claiming residency based on that incorrect date. Similar logic holds in your case as well.
 
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Hi, i am going through the same phase, but only thing is my LC is pending for more than 2 & 1/2 yrs. My current H1B issued and valid for Dec 2006 but my H1B 6yr ends on July 2004. Should i have to re-apply for H1B for 7th yr extn even though i have current H1B valid for Dec 2006.

Please advice. I appreciate your help.
 
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