Precarious 7th Year extension/options.

S

Sudhar_nk

New Member
Hi,
I have applied for my labor on July 24, 2002 and my 6 year limit expires on May 15, 2003. Will the 7th year extension rule still apply after July 24, 2002, if I take a vacation for 3 months after my H1-B expiry? Or is there any options to hang on just for those 2.5 months.
I am still considering the option of recapturing my India visits(3.5 months) during my 6 year stay in US. But my lawyer says that INS doesn't always allow the visits for recapturing! Any advice would be greatly appreciated.

Thanks.
 
There is no way you can bank on being able to recapture time abroad unless its big chunks such as over 4 months at a time. I applied for an extension on the basis of recapturing vacation time and business trips out of the country and have got an RFE from VSC saying prove that this time was interruptive by showing tax filings and employment in another country, etc. You could try but its by no means a slam dunk. I think VSC is especially tough on this, you may have a better chance with another center.
 
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