vacation time and 6year limit

G

gan2003

Registered Users (C)
Could someone explain whether vacation time can
be used to extend H1b beyond 6years? Is there
a minimum vacation time that I need to have accumulated
before I can apply for extension?

If so how is it computed. If I was away outside the
country many times for 2/3 weeks at a time, can I
accumulate all that time period?

will appreciate any replies.

thanks,
gan2003
 
Originally posted by gan2003
Could someone explain whether vacation time can
be used to extend H1b beyond 6years? Is there
a minimum vacation time that I need to have accumulated
before I can apply for extension?

If so how is it computed. If I was away outside the
country many times for 2/3 weeks at a time, can I
accumulate all that time period?

will appreciate any replies.

thanks,
gan2003
Click to expand...

I am also planning to use my vacation time for extending the visa beyond 6 years. My H1B 6 years period is going to be over in Sept 26, 2003. I was out of US for 2 times for 64 days ( first - 37 days, second- 27 days). My lawyer will be filing for labor certification in Iowa in next week. If it is cleared within 4 months, I can apply 1-140/485/EAD/AP concurrently so that I can work or stay in US after sept 26, 2003, otherwise I have to get the H1B extension based on my vacation time.

Note:
I did my H1B transfer 7 months ago (ie H1B 5th year end period) in Vermont Center (VSC). Since my lawyer put the H1B visa valid period for 2.5 years in the transfer application(He did a mistake- actually my H1B visa valid for a year only), so we have got a query for the visa valid period. Even I didn't apply for GC/Labor at that time. My lawyer submitted the documents for extending the visa for 64 days more based on my vacation time (I was out of US for 64 days), Vermont-INS didn't grant the visa for 64 days. We have submitted the following documents to INS: Air Ticket copies, Passport copies with departure/arrival information, Affidavit-Which was saying that I was out US for 64 days for engagement/wedding/pleasure). Finally my lawyer told me that I can apply for H1B extension for 64 days 2 months before my H1B visa expires).
 
gan2003- it will be difficult to prove the 2-3 weeks time to nickel and dime the 6 years. $years ago people used to do it. Now BCIS rejects similar petitions. Insists that it is difficult to verify whether you were truly away out of US on vacation or not...
 
Originally posted by jaxen
gan2003- it will be difficult to prove the 2-3 weeks time to nickel and dime the 6 years. $years ago people used to do it. Now BCIS rejects similar petitions. Insists that it is difficult to verify whether you were truly away out of US on vacation or not...
Click to expand...


Dear Jaxen,
Thanks for your reply.
If I apply for the extension for 64 days, will I get it.

Thanks in advance,
ASHKAR.
 
Jaxen,

Thans for your response. I have one more question.
I was away for 3 months in between jobs. Can that
be adequate reason to extend beyond 6 years?

thanks,

gan2003.
 
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