URGENT: 6 years finishing on October 10 but visa valid

[pareshv75]

I have Landed in US on 10th October 1998, On an H1 Visa. My family along with two kids Joined me in the Year /10/1999.
I have changed My Visa in the Year 2001 to another company in the Year 2001. Further I have to change my Visa To another company in the year 2002. Now This Company the I- 94 Deparure says as valid upto Sep 2005.

Just now My Company has filed or on the verge of filing the Labor Certification(State Level) with All Advertisement completed.

What would be my Status after 6th Year(In My case after Oct 10th). and for my family.
Please advise.
thank you as always

 

[ginnu]

I have Landed in US on 10th October 1998, On an H1 Visa. My family along with two kids Joined me in the Year /10/1999.
I have changed My Visa in the Year 2001 to another company in the Year 2001. Further I have to change my Visa To another company in the year 2002. Now This Company the I- 94 Deparure says as valid upto Sep 2005.
----- if YOU(H1holder) and your spouse and kid have I-94 valid till Sep 2005 then you all are in valid status till Sep 2005
Just now My Company has filed or on the verge of filing the Labor Certification(State Level) with All Advertisement completed.
----- They MUST file the LC ASAP so that your LC should be pending 365 days before Sep 2005 ( I dont know the date od Sep when you hit 6 year or date I-94 expires, make sure your LC filing date should hit 365 days 10-15 days advance of your I-94 expiry date so that you can file your 7th year H1 and spouse kid H4 extensions with your 7th year H1 extension, be after employer and lawyer to file your LC ASAP ( lawyers take the time and inform it has been filed, I have seen many cases where they filed later)
What would be my Status after 6th Year(In My case after Oct 10th). and for my family.

--- you have to count your 6 years from date of your entry to US, if LC is pending for 365 days BEFORE you hit 6 years you can file 7th year H1 and H4 extensions before I-94 gets expired, once you file extensions based on LC pending more than 365 days you will get reciepts of extension filing and you will be in status if due to mistake of lawyer H1 is not denied.
Please advise.
----- file LC ASAP
thank you as always

 

[Jim Mills]

I would be VERY careful about staying in the US beyond the actual period that you hit the six year limit. If you misstated any of the dates on the I-129 forms that were used to obtain this status, USCIS could, and probably would, assert that this was a material misstatement that was used to obtain an immigration benefit. This renders you removable from, and inadmissable to, the United States and probably would prevent you from adjusting status in the US.

Think VERY carefully about what you are about to do. It could affect your ability to remain in the US for a LONG time. Speak to your attorney for specific advice.

This is FAR too important to take the advice that you get on the internet. Seek competent immigration counsel immediately.

 

[GotPR?]

H1 extension can be filed 6 months prior to the intended start date. You can apply for the rest of 6 years and 7th year combined together.