gemini_gemini
New Member
HI,
I had my:
1st H1 approved from 12/01/00 - 09/30/03, laid off, Jan '02 (2 years used)
2nd H1 approved from 03/25/02 - 03/25/05, laid off April '03 (1 year used)
3rd H1 approved from 06/20/03 - 5/19/05, used completely.
In between 3rs H1, filed for Labor & then filed for I-140 & 485.
Got EAD card on Jan 5th 2005 & started working using it.
Later got a I-140 rejection in early June 2005.
Realized H1 expired & immediately filed for H1 extension.
But INS issued a new H1 without I-94 card, from 6/30/2005 - 6/23/2008 saying I was out of status and should get it stamped in home country.
Meanwhile, applied for LC again through PERM process. Labor got approved in Nov 2005.
So, went back to India got H1 stamped with a valid visa till 6/23/2008 & my I-94 shows the same.
But my valid H1 for 6 years expires in Dec 2006, coz my first H1 was issued in Dec 2000.
Now, my question is, can I work on H1 until 6/23/2008 coz my visa says so or should I file for a 7th year extension before Dec 2006 since I have a labor approved in Nov 2005?
Please anyone help...
I had my:
1st H1 approved from 12/01/00 - 09/30/03, laid off, Jan '02 (2 years used)
2nd H1 approved from 03/25/02 - 03/25/05, laid off April '03 (1 year used)
3rd H1 approved from 06/20/03 - 5/19/05, used completely.
In between 3rs H1, filed for Labor & then filed for I-140 & 485.
Got EAD card on Jan 5th 2005 & started working using it.
Later got a I-140 rejection in early June 2005.
Realized H1 expired & immediately filed for H1 extension.
But INS issued a new H1 without I-94 card, from 6/30/2005 - 6/23/2008 saying I was out of status and should get it stamped in home country.
Meanwhile, applied for LC again through PERM process. Labor got approved in Nov 2005.
So, went back to India got H1 stamped with a valid visa till 6/23/2008 & my I-94 shows the same.
But my valid H1 for 6 years expires in Dec 2006, coz my first H1 was issued in Dec 2000.
Now, my question is, can I work on H1 until 6/23/2008 coz my visa says so or should I file for a 7th year extension before Dec 2006 since I have a labor approved in Nov 2005?
Please anyone help...