stay beyound 6 yrs?

R

rashu96

New Member
I have filed for an extension beyond 6 yrs of H1 to re-capture my time outside US in last 6 yrs. My 6 yrs are already over but my employer and the attorney told me that I am authorised to work and stay as long as my application is pending with INS. I want to know what would happen in case if INS rejects my H1 extension.
Would I be considered out of status for the time I stayed here to wait for the extension? Is there a way to overcome this situation by paying some fine etc. I hv a priority date of Oct 1997 for my GC. Would there be a problem in entering if I leave now and try to come back to US after a year

Thanks
 
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Hi,

My case is also similar to yours, though my H1 has yet to expire. Mine will expire Nov 1 2000 and I have
applied for an extension (for time I spent out of the country) which is yet to be approved.

I think it\'s illegal to work without an approved H1 - but I too plan to do the same if required. Some
lawyers say that you can argue on the fact that you expected the H1 extension to be approved - so
you were working. Everything will be fine if your H1 is approved, but if it\'s not then it will mean that
you stayed illegally and also worked illegally. As per immigration laws you can stay illegally
upto 6 months without running the risk of any future visa denial period. Any illegal stay of 6 months
 and above will result in a future visa denial period (u can look up the exact time frames in any
immigration sites).

So, if you stayed illegally for less than 6 months, you can still stay out of the country for 1year
and come back on a new H1.

BTW, my priority date is also Oct 1997. If you are interested in sharing your immigration
problems with me (I would like to - hoping that it will help us both), you can write to me
at rdonthireddy@yahoo.com.
 
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Hi,
I am in the same situation. PD Oct 1997, I140 approved, H1B expiring in Feb 2000. Looks like my PD will not become current anytime soon. Thinking of moving to Canada just before H1 expiration. How big of a deal is re capturing the period that I was out of US ? I have around 4 months of vacation I spent outside US. Can I recapture this ? Can I do CP through a US embassy in Canada or it has to be CP in India ? How about trying to get a F1 ? How about staying after H1 expiration but not working (of course for less than 6 months) ? Will it create problem in AOS ? (considering PD becomes current in those period). Share your knowledge with me. I like the idea of communicating directly. You can reach me at trsekhar@yahoo.com.

Thanks,
Sekhar
 
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How big a deal it is to move to Canada ? Have you applied for Canada PR already.

I am curious to know how easy it is to get a "temporary worker" visa for Canada through a Canadian employer ?
 
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I just want to know the process to apply for re-capturing the time
on H1, what evidence is needed when all I have is departure and
arrival stamps on the passport?
Any detailed info is greatly appreciated.

Thanks
Vijay
 
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1.Since your 140 is approved (and I\'m assuming from your post ,you got it approved for AOS),only way you can file for CP is to file I-824 which could be taking about a year(CSC and then file for CP.

2.Talking about F1,you can legally stay on F1 but you might get some problems in 485/CP.INS looks at intent of staying back.So It is advisable to leave.
3.You need to be Canadian resident to go for CP in Canada.So if you manage to get Canadian PR(that takes about 9 months) and move there and then you will be eligible for Canadian CP (of course,your PD needs to be current and 824 approval).

4.Assuming you have 140 approved for AOS,bad part would be in the case where your PD get current just after you leave US.To file for AOS you need to be in US and to be in US u need H1 and getting H1 is not possible since you used up all your 6-years on H1.So u gotta for whole of that year and then get H1 and comeback.

I\'m kinda having similar problems, so I did some groundwork.. so these are the things you need to consider.

Hope this info is useful...

Kumar
 
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Getting a Work Permit through a Canadian Employer is a piece of cake. It took me about two weeks and I have heard cases where you can get that in about a week\'s time. It helps if you are in the IT Area because the Canadian Gotgives them priority. Even if you are not in the IT Area as long as you have a legal job in Canada, it is very easy to get the Work Permit.

-- SS
 
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Thanks Ssavgur for replying to my question.

I have some more related questions.

1) Normally the canadian work permit is valid for how long ?
2) Knowing that it is a short term employment, (typically 1 year that one has to spend outside US after 6 years stay on H1) what is the chance that a canadian employer would file for a work permit.
3) If you do not mind can you give me names of few employers who would file for a work permit for an IT guy. Do you know any websites to get some more info on this.

You can send a private email to Vikrant_Kale@immigrationportal.com

Thanks again.
 
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I am interested to know about this also. How do you apply for this temporary worker situation ?

Can I get in as a temp worker and then ask employer to file for permanent residence there ?

Do you have any pointers for me on this ?

I need some employer list also.

-Narahari.
 
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It is my understanding that time spent outside the country on short personal vacations cannot be "re-captured". The 6 yr term can be extended mainly for official postings outside the US for which you can provide company letters/relocation statements etc as proof. This is what my lawyers told me. I too had about 3-4 months of vacation, when I asked for this option.
 
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hk123, You are correct. I too have applied for "re-capture", and I have received a query requesting more info about my visits out of the country. I am currently in the process of obtaining letters from my current and previous employers stating that I had gone out for official business. Incidentally my current and previous employers have offices outside US.
 
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Yes s. 2045 has passed senate and house with all the ammendments.
1. If you have applied for change of status and it has been 180 days you can switch jobs.
2. If you have filed for labor certification and it has been 365 days you can extend your H1 beyond 6 years in 1 year increment.
3. And in employment category they are recaptureing all the lost visas for past 2 years so all the category for India and China wil be current or some where at least near Jan 2000(Guess).
This is my interpretation of the Bill S. 2045 with ammendments and the president has to sign it.
 
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