Urgent: I-94 expiring, 6 years getting over for a friend

[maald]

Any guidance on the following case is apreciated.

A client who is on H1 status has I-94 stamp going to expire on oct16,
2003 (5 days)of company A.

Visa stamp in the passport of (company A) will expire in 11/2003.

He is currently working for Company B, whose H1 transfer was approved
in 2002, but the latest I-94 (along with H1 transfer approval) was
not used to re-enter which is valid until 11/2004.

But his 6 years of H1 will be completed in Nov 2003.(1 month)

By mistake, client used previous I-94 and also as visa stamp was
issued for company A.

H1 period of stay of 6 years is going to be completed in Nov 03.
(plus 2 months , as he was out of US for two months to get married.)

Recently got approved Canadian PR. What are his options to remain in
US beyond 6 years and apply for 7th year H1 extension. (Labor
application has been pending for 2 years, filed by company A)

Question is -

- Is it advisable to go out and re-enter in Canada using new I-94
vaild for 11/2004?

- Must he file for H1B extension before the date of current visa
expiration? ( and also H4 for his spouse)

- Can he re-enter based on company B H1 attached I-94 and file for H1
extension?

Regards

 

[ginnu]

Any guidance on the following case is appreciated.

A client who is on H1 status has I-94 stamp going to expire on oct16,
2003 (5 days)of company A.
----- I-94 govern the status NOT the Visa stamp
Visa stamp in the passport of (company A) will expire in 11/2003.

He is currently working for Company B, whose H1 transfer was approved
in 2002, but the latest I-94 (along with H1 transfer approval) was
not used to re-enter which is valid until 11/2004.
------- When he reentered he should have shown the latest H1B approval at POE that way he could have got the I-94 valid till 11/2004
but his 6 years of H1 would be completed in Nov 2003. (1 month)
----- I suspect some missing info, if his 6 years are expiring on Nov 2003 how the BCIS granted him H1B transfer through company B till 11/2004?
By mistake, client used previous I-94 and also as visa stamp was
issued for company A.

H1 period of stay of 6 years is going to be completed in Nov 03.
(plus 2 months , as he was out of US for two months to get married.)

Recently got approved Canadian PR. What are his options to remain in
US beyond 6 years and apply for 7th year H1 extension? (Labor
application has been pending for 2 years, filed by company A)
---- he can get 7th year extension based on LC pending through A for more than 365 days, he needs SESA receipt that will have his filing date it will be with company A lawyer or employer. He has to attach that evidence that LC for him was filed by A
Question is -

- Is it advisable to go out and re-enter in Canada using new I-94
valid for 11/2004?
----- Better, but discuss with the lawyer
- Must he file for H1B extension before the date of current visa
expiration? (And also H4 for his spouse)
----YES, go to lawyer

- Can he re-enter based on company B H1 attached I-94 and file for H1
extension?
---- Yes he can if he has still H1 valid Visa stamp in passport.

**** I don’t see this as clear case something is missing, better he should discuss it with lawyer I hope the H1tranfer extension through B and I-94 should not exceed 6 years as you said his 6-year are going to expire in Nov 2003. Visit good lawyer with all the current and past H1 approval notices and all the I-94 ASAP

 

[maald]

Thanks -how about I-102?

Ginnu:

Thanks for the reply. Totally agree with your assertions.

Even i have the same question, how come BCIS grant H1 status until 11/04 when 6 years are completing 11/03 (+ 2months as he was absent in US).

Regardless of that factor (or BCIS mistake?), my take is he would need to file for 7th year extension immediately.

Advised him to see a good attorney in person right away.

As a temp relief (to avoid unlawful presence), may be better to
re--enter with new I-94, but not sure what is going to happen at POE.

one other idea - how about filing for I-102 to correct I-94 validity to match current H1 status extension which is 11/04.

(may be, they will grant it until 11/03 only by correcting the mistake?)

Assuming, he could re-enter with new stamp upto 11/04, can he wait until 11/04 filing for 7 th year extension based on the validity of new I-94. May be not, regardless of I-94, need to file for 7th year extension. Does it sound right?

thanks
maald