Please Help : H-1B 7th year extension was denied!!

[george_anderson]

Hi,

I got my first H-1B starting from 05/2000. I changed my employer and my H-1B was extended as well in 2004. Somehow my H-1B expiration date on this extension was 01/2007 instead of 05/2006 by the BCIS mistake.

Last month when I filed my 7th year extension, BCIS denied my case and said I am not quailified for the extension because my expiration date is still far away.

My concern is if I will be out of status after 05/2006. And should I appeal this decision.


Thanks a lot!!
George

 

[msukid]

Just wonderful!!!!!!!!!!!

USCIS already grant you 7 years on h1. So just dont worry, apply for 1 more year of extension after seven and half year. Because for 7th (in your case it will be 8th year) year extension you need to apply before 6 months of expiration of 6th year. And you have the proof also ,

"BCIS denied my case and said I am not quailified for the extension because my expiration date is still far away."

enjoy 7 years on h1, nobody is getting such previlage from USCIS!!!!!!!

 

[yogkc]

I think H1 amendment + 7th year extension might be good idea in your case. Talk to your attorney....

 

[sonaliak]

your lawyer should put proper case explaining, 6 year is expiring on 06/2006.
it is not normal but in some cases it may possible uscis has given extra stay, but it is your responsibility to apply for 7 year extension.
ask your lawyer to submit case with all docs(passport/old h1 copies) and prove that you are gone complete six year in 06/06.
i also got extra time but i did apply for 7th year and waiting for result.

 

[GotPR?]

CIS may give person extra year if LC was already pending. For example, one has 2 more years to go with H1 and LC is pending for some time, then it is possible, though it's their discretion, to approve anther 3 years. The only rule is extension does not exceed 3 years. I do not know if this is your case.
I agree with other post suggesting inquery to CIS.