notice from INS regarding H1 Extension

H

h1issue

Registered Users (C)
6 months after applying for the H1 Extension, I received notice from INS asking me if I have any H1B entries to USA during 8 months period of my 6yr limit H1B visa. during that 8 months period i was in india. how should I respond to their notice ?

if at all they don't grant me that 8 months period of time, should I ask for my 7th year now as reply to their notice, by providing the evidence of proof of filing labor or should I have to apply separately ?btw, my six year limit will be ending soon in 2 weeks.

I appreciate any of your suggestions.

Thank you.
 
additon

here is the situation:
I applied for my H1B Extension a while ago., but by the time they approve it my 6 yr limit will be reached . as I mentioned I received a notice to provide additional information to see if they can recapture the 8 months of time that I spent in India. if this is the case, my 6 yr limit will be extended till the end of this year..
so, my concern is is it ok to ask them for the 7th year now itself, as reply to their requested information. just in case if the 8 months is not recaptured ? becoz by the time I apply for the 7th year, My h1b will be in expired state.
 
You can reply the notice (read my post in other thread) and can also ask for 7th year H1 extension at the same time let some good lawyer handle the situation
 
here is the summary I have :


I Entered United States with the first Employer on H1B.
after woking for 4 months, I quit the job and left to India.
after 8 months , I came to USA with different Employer on H1B.
there were no H1B Entries to Unites States during that 8 months period of time.

INS, wants to check, if I am eligible for the recapture of the 8 months spent outside the USA.
but, by the time INS makes the decision about the recapture, MY 6Yr Limit will be expired.

Here is the concern:
should I just wait for them to decide for the recapture then apply for my 7th year extension ?
will I be eligible to apply for 7th year at all , becoz MY 6Yr Limit will be expired state by then.

or can I tell them like, if it is not possible for you to recapture, do my my 7th year extension ;)
I don't know If we can ask them like that ?
 
or can I tell them like, if it is not possible for you to recapture, do my my 7th year extension
--- yes, you or your lawyer can request them with filing reciept
I don't know If we can ask them like that ?
----- you or your lawyer can request that and send the evidence for 7th year H1 extension and evidence is SWA reciept of LC filing
 
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