RFE 6 years

[sanjb]

Rajeev/Attorneys Please advise
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I am in my 6th year and filed for h1 transfer and got a RFE.
my first H1 was approved in March 1998 when I was in India.
Never had been to the US before.Stamping got done in March 1998.
However, entered US in Oct 1998 for the first time based on that H1.based on this my 6 years as I understand expire in sept end / Oct 2004.
The RFE says I have already completed 6 years (probably meaning end of my current h1 in March 04) and hence extension can't be given unless I have stayed one year outside or any immigration petition pending (labor 365 days etc).While my attorney is in the process of responding / clarifying the dates in terms of real physical presence in the US, Ginnu/Jim/Jaxen/Rajeev, could you please advise my position.
My pending Labor will be 365 days old just before the expiry of current H1 in March and I can submit the proof but that will put me into seventh year unnecessarily.Since they expect all evidence be submitted at once, is it risky to tell them the fact based on 6 year calc alone?
is it better to forego the rightful balance of 6 years just because they made an incorrect determination?
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[ginnu]

I am in my 6th year and filed for h1 transfer and got a RFE.
my first H1 was approved in March 1998 when I was in India.
Never had been to the US before. Stamping got done in March 1998.
However, entered US in Oct 1998 for the first time based on that H1.based on this my 6 years as I understand expire in sept end / Oct 2004.

----- 6 year will be counted from date you entered US
The RFE says I have already completed 6 years (probably meaning end of my current h1 in March 04) and hence extension can't be given unless I have stayed one year outside or any immigration petition pending (labor 365 days etc).While my attorney is in the process of responding / clarifying the dates in terms of real physical presence in the US, Ginnu/Jim/Jaxen/Rajeev, could you please advise my position.

------ Your lawyer should attach a sheet of all your entry date to US with the first I-94 copy if you have) your passport pages should be submitted because your passport page has Stamp when you first time entered US, if you are from India then you have also stamp on passport the day you departed from India, your lawyer should explain in detail and reply the RFE it seems USCIS officer mistake or your lawyer did not provide the proper documents that state your first entry to US on H1B
My pending Labor will be 365 days old just before the expiry of current H1 in March and I can submit the proof but that will put me into seventh year unnecessarily.
----- you are safe you can also file 7th year H1 extension if your LC pending more than 365 days and you need to send the evidence and evidence is the receipt from SESA or SWA that they sent to lawyer when LC is received by them that receipt has labor PD, Case# and your name as beneficiary . you can file 7th year H1 extension before your I-94 expires
Since they expect all evidence be submitted at once, is it risky to tell them the fact based on 6-year calc alone?

---- What is the problem in submitting all the evidence?
Is it better to forego the rightful balance of 6 years just because they made an incorrect determination?
--- That is up to you or your employer/lawyer. If I am in your situation I will write all the details and send RFE reply and point out the mistake of the officer