Six year limit on H1

Old Aug 1st 2002, 9:20 am
  #1  
Mvk
Guest
 
Posts: n/a
Default Six year limit on H1

Hi, I am on H1 and reaching six years since I landed ( which I believe is what is
counted) on April 2003. But my H1 Visa is valid till Jun 2004. Which date would
finally be counted. My LC (RIR)for GC was filed in March 2002 from NY City, I have
little hope that it would be cleared by April. Do you think I should be optimistic
and wait till the last minute before planning to move out of US. Thanks in advance. M
 
Old Aug 1st 2002, 11:40 am
  #2  
chan50737
Guest
 
Posts: n/a
Default Re: Six year limit on H1

Your limit is 2004

Right now, you can extend your h1 limit beyond 6 years, but after the 6 years' limit, you can only extend your h1 one year by one year.

The speed of GC process changes from time to time. When I first time applied my GC (started at 1997), it tooks three years for me to get I-140. For my second time (started at 2000), it just took one and half year to get my GC.

Good Luck
 
Old Aug 1st 2002, 6:20 pm
  #3  
Joachim Feise
Guest
 
Posts: n/a
Default Re: Six year limit on H1

chan50737 wrote:
    > Your limit is 2004
    >
    > Right now, you can extend your h1 limit beyond 6 years, but after the 6 years'
    > limit, you can only extend your h1 one year by one year.

Umm, this only applies in very limited circumstances. If you are still in the LC
process, it doesn't apply, and the limit would be 2003. With the new regulations, the
I-140 and the I-485 can be filed simultaneously, so if the LC is done and you file
the I-140 and the I-485 and the EAD before the H1 runs out in 2003, you should be ok.

-Joe
 
Old Aug 2nd 2002, 5:25 am
  #4  
chan50737
Guest
 
Posts: n/a
Default Re: Six year limit on H1

I don't think your limit is 2003. In my case, I entered US in July 1996 on B2, then I applied H1 in US and got the approval in Nov. 1996. After my second extention of H1 visa, the expire date on my h1 and I-94 is Nov, 2002.
 
Old Aug 2nd 2002, 10:20 am
  #5  
Mvk
Guest
 
Posts: n/a
Default Re: Six year limit on H1

So even if I have a valid Visa Stamp on my passport I will have to leave the country
after 6yr stay on H1. Would it be considered as illegal if I stayed here till my LC
clears. Its only been 5 months since my papers were filed and the way things are it
doesn't look very hopeful that I'll get it in time in April 2003. Thanks for your
advice. -M
 
Old Aug 2nd 2002, 11:20 am
  #6  
Stuart Brook
Guest
 
Posts: n/a
Default Re: Six year limit on H1

mvk wrote:
    >
    > So even if I have a valid Visa Stamp on my passport I will have to leave the
    > country after 6yr stay on H1. Would it be considered as illegal if I stayed here
    > till my LC clears. Its only been 5 months since my papers were filed and the way
    > things are it doesn't look very hopeful that I'll get it in time in April 2003.
    > Thanks for your advice. -M

An LC isn't yours ... It's your employer's permission to hire an alien - not
necessarily you - any alien that meets the job criteria.

So, you must leave if your 6 year stay is up.
 
Old Aug 4th 2002, 11:20 am
  #7  
Mvk
Guest
 
Posts: n/a
Default Re: Six year limit on H1

So you got correct dates on H1 papers. The time spent on B1 Visa doesn't count in the
H1 6 yr limit. In my case I have been on H1 since the begining and still have valid
H1 papers beyond 6 yrs. My question is do I ignore the 6 yr limit and stay beyond 6
yrs or ignore the H1 Date and prepare to leave the country when 6 yrs complete.
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.