H1B Second Extension
 

Lets see if someone can help me with this dilemma:

I was originally employed on an L1 visa, for just over a year. Then changed job and employed on an H1-B visa for three years. Had the H1-B visa renewed (for two more years).

Current H1-B visa runs out in the autumn/fall, then - supposedly - I have to leave the US for one full year to 'recharge my H1-B' status. I do not want to leave my job, my friends, my home etc.

Do I have any alternatives?

Please help me and give me any suggestions!

Thanks

Re: H1B Second Extension
 

Hi there,

Could you not apply for a green card while you there?

Sam

"StuHodge" <[email protected]> wrote in message
news:[email protected]...
    > Lets see if someone can help me with this dilemma:
    >
    > I was originally employed on an L1 visa, for just over a year. Then changed job
    > and employed on an H1-B visa for four years. Had the H1-B visa renewed (for three
    > more years).
    >
    > Current H1-B visa runs out in the autumn/fall, then - supposedly - I have to leave
    > the US for one full year to 'recharge my H1-B' status. I do not want to leave my
    > job, my friends, my home etc.
    >
    > Do I have any alternatives?
    >
    > Please help me and give me any suggestions!
    >
    > Thanks
    >
    >
    >
    > --

Re: H1B Second Extension
 

On Mon, 22 Jul 2002 13:20:02 -0700, StuHodge wrote:

    > Lets see if someone can help me with this dilemma:
    >
    > I was originally employed on an L1 visa, for just over a year. Then changed job
    > and employed on an H1-B visa for four years. Had the H1-B visa renewed (for three
    > more years).

Are you saying that between the L-1 and the H-1Bs, you spent a total of eight years
in the US? If so, you overstayed by two years. The limit is six years, and that
applies even if INS by accident approves an extension past the six-year point.
Actually, this is not a clearcut matter, but I'd err on the side of caution.

    > Current H1-B visa runs out in the autumn/fall, then - supposedly - I have to leave
    > the US for one full year to 'recharge my H1-B' status. I do not want to leave my
    > job, my friends, my home etc.
    >
    > Do I have any alternatives?

You'd have to apply for a Green Card, but it is really a bit too late in the game.
Your employer can still start it, and if a miracle happens, you might even get it
soon after your H-1B runs out (it could also take a year or two. This is actually far
more likely).

Ingo

Re: H1B Second Extension
 

No, I spent one year on the L1, three years on the first H1B, then a further two years on the second H1B = total 6 years.

Current H1B visa runs out in November 2002, only four months away - due to a paperwork screw up by company lawyers - originally was told I had until end of 2003 - ie 18 months to apply for green card, now I have only 4 months - hence the problem.

I know it takes a long time for green card application to go through the system - more time than I probably have (is that right?) Would I still have to leave if green card paperwork is in the INS system?

Any other solutions, or ways I can stay after expiry date?

Re: H1B Second Extension
 

On Tue, 23 Jul 2002 08:20:09 -0700, StuHodge wrote:

    > No, I spent one year on the L1, three years on the first H1B, then a further two
    > years on the second H1B = total 6 years.
    >
    > Current H1B visa runs out in November 2002, only four months away - due to a
    > paperwork screw up by company lawyers - originally was told I had until end of 2003
    > - ie 18 months to apply for green card, now I have only 4 months - hence the
    > problem.
    >
    > I know it takes a long time for green card application to go through the system -
    > more time than I probably have (is that right?) Would I still have to leave if
    > green card paperwork is in the INS system?
    >
    > Any other solutions, or ways I can stay after expiry date?

This indeed is a bit late. If the process already started no later than November 2001
(one year before your six years run out), then you could extend your H-1B in one-year
increments as long as the LC is approved before November 2002, and you file the
I-140. But it sounds like that won't be an option for you.

You could try to get a student visa - but probably won't be able to work. Or you
could see if your employer is willing to send you on an overseas assignment for a
year. After one year, you can get a new H-1B.

Ingo

Re: H1B Second Extension
 

Screw the legal system. Do what I did - continued working for 2.5 years after my H1B
expired. Just make sure you have a US citizen to marry you at the end and all will
be forgiven!

Ingo Pakleppa <[email protected]> wrote in message
news:<PRq%[email protected]>. ..
    > On Tue, 23 Jul 2002 08:20:09 -0700, StuHodge wrote:
    >
    > > No, I spent one year on the L1, three years on the first H1B, then a further two
    > > years on the second H1B = total 6 years.
    > >
    > > Current H1B visa runs out in November 2002, only four months away - due to a
    > > paperwork screw up by company lawyers - originally was told I had until end of
    > > 2003 - ie 18 months to apply for green card, now I have only 4 months - hence the
    > > problem.
    > >
    > > I know it takes a long time for green card application to go through the system -
    > > more time than I probably have (is that right?) Would I still have to leave if
    > > green card paperwork is in the INS system?
    > >
    > > Any other solutions, or ways I can stay after expiry date?
    >
    > This indeed is a bit late. If the process already started no later than November
    > 2001 (one year before your six years run out), then you could extend your H-1B in
    > one-year increments as long as the LC is approved before November 2002, and you
    > file the I-140. But it sounds like that won't be an option for you.
    >
    > You could try to get a student visa - but probably won't be able to work. Or you
    > could see if your employer is willing to send you on an overseas assignment for a
    > year. After one year, you can get a new H-1B.
    >
    > Ingo