Speeding up the process

T

Tamas.s

Registered Users (C)
Hi,

Did any of you try to ask NVC to speed up the process by sending a fax or any other way?
My H1-B will expire in March and it seems I am not eligible for an extension because I spent more than one year outside the US which reset my clock and made me fall under the cap....
 
I don't think any such requests would make any difference to NVC. You may want to consult an attorney on possible ways of getting your H1 extended or getting you a new H1.
 
Hello Tamas.s
What do you mean by "I am not eligible for an extension because I spent more than one year outside the US which reset my clock and made me fall under the cap...."

Can you explain this more.

My H1 expires in Sep and I have stayed in UK for 14 months from Jun2002 till Aug2003 and in Canada from Oct 2003 till Dec 2004, does this mean I will also be not elgible for H1 extension.

Thanks
-D
 
See http://www.immigrationportal.com/showthread.php?t=142416
for details.
You will be asked at I-129W PART C. (Numerical Limitation Exemption Information):

Has the beneficiary of this petition been previously granted status as an H-1B nonimmigrant in the past 6 years and not left
the U.S. for more than a year after attaining such status?

I you answer NO to all questions of Part C you will not be exempt of the yearly cap.

You are in the same boat as me..... Let me know if you figured out something.

Br, Tamas
 
Hello Tamas.s,
Thanks for your prompt reply, can you clarify further.

I have been maintaining my visa status all this time and also have been travelling back and forth, its not like I have been staying in UK or Canada continuously. I have been visiting US once in a month while I was in UK and I was travelling every weekend when I was in Canada.

So do I still fall under the same case as you were. If so, then only option left for me is to go back to India, man this sucks, Immigration laws are not justifiable.

Thanks
-D
 
Hi DalRanger,

You are safe, you did come back to US within a year always.
On the other hand if I deeply analyze this question:

Has the beneficiary of this petition been previously granted status as an H-1B nonimmigrant in the past 6 years and not left
the U.S. for more than a year after attaining such status?

I attained my H1-B status when I last entered the US which was last November. So I am exempt from the cap too (or not...). Well It does not matter anyway: I will file an extension and at the time it might be rejected I will get my immigrant visa appointment from the Embassy.

I-140 AD 9/17/04
Embassy: Budapest
NVC Rec. P3 on 01/19/05
 
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