Unusual situation regarding 6 year limit

F

frontier62

New Member
First, my sincere thanks to everyone who answers questions here. I already found answers to many of my questions. I have a few more.

1) My 6-year H1 limit reaches on March 22, 2005. The I-94 is also valid until then. My labor certification was filed in Aug 2003 and approved in Sep 2004. I have not yet filed the petition I-140 (reason below). Am I still eligible to apply for the 7th year extension since my labor cert application was filed well over a year ago (considering that nothing is "pending": labor already approved and I-140 not filed)?

My situation is as follows: I would like to keep working in the US till end of May 2005 (end of the semester - I am a college teacher). I am considering leaving the US after that, but I will not know for sure until after my H1 expires. So I would like to apply for a 7th year H1 extension in the meanwhile. But I do not want to have a record of applying for permanent residency in case I leave the US but want to return in future as a visitor.

2) The "list of documents" in the sticky thread mentioes the following items.
Do I need to send the originals?

5. Ur I-94 s
6. All I-797
7. recent paystubs

3) Suppose my application for 7th year extension is denied after March 22 but I have kept working in the meanwhile on the strength of my filing. Can such denial have adverse consequences such as:

- being out of status
- being required to forfeit salary earned since Mar 22
- being denied visitor visa in future
- penalties imposed on me or my employer etc.

Any help will be appreciated!
 
If LC is approved, to get 7th yr ext. you need 140 filing receipt to prove USCIS that you intend to work for petitioner. Your employer can withdraw 140 after you got ext.

if your ext denied you are out-of-status. for 180 -365 days of illegal stay -3year ban
 
frontier62 said:
First, my sincere thanks to everyone who answers questions here. I already found answers to many of my questions. I have a few more.

1) My 6-year H1 limit reaches on March 22, 2005. The I-94 is also valid until then. My labor certification was filed in Aug 2003 and approved in Sep 2004. I have not yet filed the petition I-140 (reason below). Am I still eligible to apply for the 7th year extension since my labor cert application was filed well over a year ago (considering that nothing is "pending": labor already approved and I-140 not filed)?

My situation is as follows: I would like to keep working in the US till end of May 2005 (end of the semester - I am a college teacher). I am considering leaving the US after that, but I will not know for sure until after my H1 expires. So I would like to apply for a 7th year H1 extension in the meanwhile. But I do not want to have a record of applying for permanent residency in case I leave the US but want to return in future as a visitor.
------ H1 Visa has dual Intent, if your employer files I-140 for you and once you get I-140 filing reciept file 7th year H1, it will NOT create any problems for visitor visa becase of your employer filing I-140 for you( the reason Dual Intent of H visa status)
2) The "list of documents" in the sticky thread mentioes the following items.
Do I need to send the originals?

5. Ur I-94 s
6. All I-797
7. recent paystubs
------ do you mean for 7th year H1 extension? if yes, you need to have evidence of I-140 filing 9reciept will work) copy valid of I-94(both the sides, your education evaluation and other degree diploma certificate copy and latest H1 approval copy and passport pages and recent 3 pay stubs
3) Suppose my application for 7th year extension is denied after March 22 but I have kept working in the meanwhile on the strength of my filing. Can such denial have adverse consequences such as:
****** the day 7th year H1 denied you are out of status( talk to your lawyer for more info)
- being out of status
- being required to forfeit salary earned since Mar 22
- being denied visitor visa in future
- penalties imposed on me or my employer etc.

Any help will be appreciated!
Click to expand...
------- you can request your employer to file I-140 and you can file I-485, EAD AP(if you wish), once you get reciept of I-140 filing or I-485 filing then file the 7th year H1 extension, if you dont want to adjust your status to permanent residence in US then you can withdraw your I-485 any time and withdwal of I-485 is counted as if you have never filed I-485 and I-140 is filed by employer for Future Permanent job. being on H1 and employer filing I-140 has noting to do with Visitor Visa in future becase of H1 having DUAL Intent.
 
7th year extension vs going out of US for 1 year

Hi,

I would like to know what are the risks involved in going out of country for one year, after finishing 6 years on H1B. I do have a labor cert pending for more than 365 days by the time my H1B expires.

But I wanted to consider the possibility of leaving US and returning to US after one year, thereby resetting the H1 clock. If I leave US at the end of 6 year period:
1. can my GC (labor cert) proceed ? My company is willing to process GC as I will be working for this same company from a different location outside US
2. Is there tax implications
3. What are chances of H1B rejection from CIS ?
4. If CIS approves H1B (I-797), what are chances of H1B rejection at a US consulate ; in UK; or at Chennai, India

Basic thing I wanted to make sure is that the fact that I left US should not be construed by CIS/DOL as an abandonment of my intention for permanent residency.

appreciate all help & pointers.

-suri
 
ssuri said:
Hi,

I would like to know what are the risks involved in going out of country for one year, after finishing 6 years on H1B. I do have a labor cert pending for more than 365 days by the time my H1B expires.

But I wanted to consider the possibility of leaving US and returning to US after one year, thereby resetting the H1 clock. If I leave US at the end of 6 year period:
1. can my GC (labor cert) proceed ?
--yes if the comany does not withdraw the LC
My company is willing to process GC as I will be working for this same company from a different location outside US
2. Is there tax implications
---- ask this to person who deal with Tax. I dont think you need to File US tax if you are not working in US
3. What are chances of H1B rejection from CIS ?
------ depends on reasons
4. If CIS approves H1B (I-797), what are chances of H1B rejection at a US consulate ; in UK; or at Chennai, India
--only consulate officer knows this
Basic thing I wanted to make sure is that the fact that I left US should not be construed by CIS/DOL as an abandonment of my intention for permanent residency.
------- CIS only care about Intention of abandonment for permanent residency those who are LPR or Green Card holders. your Employer has only filed LC that is pending more than 365 days, once approved your employer has to file I-40 and you have to file I-485(while you are in US) or employer should file I-140 with CP option.
FYI employer CAN use the LC filed for you after it gets approved for other candidate and GC process will end for you .
*** If I am in your situation I will request employer that I want to work in US and apply 7th year H1 extension before your I-94 expires

appreciate all help & pointers.

-suri
Click to expand...
 
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