Your immigration knowledge is appreciated...

[csx]

Please post your comments (just to get a second opinion). A lawyer will be contacted as well.

Here is a case....

His labor was filed on 03/04/02 (NSC).
His H1-B (6 years) expires by end of May.
Does this mean he has to leave the country after H1 expires or are there are any options ?
1. Is there any other avenue to further extend his H1-B?
2. If he leaves (country) after H1 expires, can he come back once I-485 is filed (or) does he have to stay outside the country for a year ?
3. Is there anyway to continue working if the (sponsored) company gives him some assurance, even after the H1 expires.

 

[wellwisher2002]

Re. 6 years

I think to enjoy the extension beyond 6 years period you have to file labor before entering into 6th
year (i:e 1 year prior to completion of 6 years), and I believe your H1 clock starts when you
actually land here in USA plus if you gone out of USA for vacation or any other reason you will
get those days as a extended period, in this case you will have good chance of filing 485 but
not sure of Labor/RIR situation now.

If your company is willing to continue GC process, then I think you can stay out for a year\'s time
and come back to USA as GC is for future job and company can justify it.

The above write-up is only my guess and some knowledge which I got from this board, as always
you should consult your lawyer before you take any action.

Good luck !!!!