Strange situation help....

[knight_m_33]

I am in a strange situation. My six years on H1 expire around April 2003 not considering the time spent outside US which is about 2 months. The H1 which I have was mistakenly granted until Jan 2004. I have filed for my labour in May 2002. My question is can I use my current H1 or do I have to file for a seventh year extension ? Is it ok to file for an extension inspite of having a valid h1. Can somebody help me out here....

 

[LIAT]

knight_m,

Why don't you check with an attorney? You don't seem to be a bad position at all.

Based on what I see on various immigration web sites, it's NOT ok to go along with the incorrect date, although it's an INS mistake. Also based on what I've seen on the web, you can file for an extension and wait in the U.S. legally until the INS responds to you - should be done before your visa expires.

Sounds like you only need to buy yourself a month of extra time, since you'll be eligible for a 7th year H1 extension in May 2003 when your LC would be pending for 365 days. Simply, I would say check with an attorney (today), and file for an extension - the 7th year H1 extension filing may even take care of everything (??). But, don't use the Jan 04 date that you clearly know is a mistake. In this way, when you file for anything in the future, no one will have a single excuse to deny you.

Good luck..