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Maintaining H1 Status After Six Years

Discussion in 'Nonimmigrant Visa Validity' started by smallick, Aug 21, 2014.

  1. smallick

    smallick New Member

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    Hi Ron,

    1. My initial SIX years of H1B is getting ended on 09/20/2014.
    2.USCIS current H1B approval has given more time beyond initial SIX years.
    3.Current H1B (I-797 AND I-94) Validity - 01/16/2013 – 12/26/2015
    4.GC is in Process, PERM approved on 06/05/2014 and I-140 Yet to be filed.

    Q1. What action needs to be taken to continue staying in US on H1 after 09/20/2014? without any legal issues during GC, H1B stamping and stays in USA .
    Q2. As current H1B (I-797 and I-94) is valid more than 1 Year, We can’t file H1 extension.So ,what need to be done?
    Q3. How to confirm my stay after 09/20/2014 in USA on H1 is legal ?
    Q4. I-140 not yet filed, Is it needed for stay after SIX years based on AC21, at least PERM need to be approved AND I-140 must be filed and pending? OR Only PERM approval is OK ?

    Thank You,
    Smallick
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to speak with legal counsel. It appears that the USCIS made an error and gave you more time than they should have. If that is the case, even though you have a petition that runs through next year, you will still be out of status when you pass six years.
     
  3. smallick

    smallick New Member

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    Hi Ron,

    Thanks for the reply. I'd like to consult your advice on my case. Please let me know the process.

    Some Updates on my case
    1. PERM filed on 6th Year but Approved now
    2. I-140 filed
    3. Employer planning to apply for extension before end of actual six year on H1B i.e SEP-20-2014.

    Thank You,
    Smallick
     

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