| Q. |
Need an advise on my H1-B extension
Hello,
I Need an advise on my H1-B extension.
I came to USA on on L1 Visa in 2003/March and I was on same visa till Dec/2003. ( 9 months).
In 2004 Jan I filed H1-B and my status changed from L1 to H1-B. Again I filed 2nd extension (for next 3 years) on this H1-B and I got this approval upto 2010 Jan.
My question here is can I wait upto my current H1 - B approval validity to get it renewed even though total stay on L1 + H1-B is exceeding the 6 yrs? OR do I need apply for H1-B extension on my approved I-140 (currently I am in 485 stage of my Green Card process) to get 3 more years extension as 2010 Jan will be my 7th year in USA ? If I need to apply how it effect the 180 days condition as the current petition is valid till 2010 Jan (on paper).
User's Location:
Seattle, Washington, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
Thank you for your question.
As you know, the total cumulative period of time you can spend on H-1 or L-1 visas in the U.S. is 6 years. Therefore, your H-1B extension until January 2010 was issued for more than 6 years and it has been a mistake. Your H-1B should have been given expiration date in 2009.
I urge you not to rely on this USCIS mistake and assume that your validity will expire in 2009. As a result, I suggest that you take the safe approach and apply for H-1B extension based on your approved I-140 soon. Your attorney can make a note that the H-1B extension should have been issued to January 2009, and you can count the 180 days from this date.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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