Go Back  British Expats > Living & Moving Abroad > USA
Reload this Page >

H1B Second Extension

H1B Second Extension

Old Jul 22nd 2002, 6:50 pm
  #1  
Just Joined
Thread Starter
 
Joined: Jul 2002
Location: Florida Keys
Posts: 4
StuHodge is an unknown quantity at this point
Default 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

Last edited by StuHodge; Jul 23rd 2002 at 2:17 pm.
StuHodge is offline  
Old Jul 23rd 2002, 1:20 am
  #2  
Sam Johnson
Guest
 
Posts: n/a
Default 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
    >
    >
    >
    > --
 
Old Jul 23rd 2002, 9:20 am
  #3  
Ingo Pakleppa
Guest
 
Posts: n/a
Default 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
 
Old Jul 23rd 2002, 2:16 pm
  #4  
Just Joined
Thread Starter
 
Joined: Jul 2002
Location: Florida Keys
Posts: 4
StuHodge is an unknown quantity at this point
Default 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?

Last edited by StuHodge; Jul 23rd 2002 at 2:20 pm.
StuHodge is offline  
Old Jul 24th 2002, 6:20 am
  #5  
Ingo Pakleppa
Guest
 
Posts: n/a
Default 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
 
Old Aug 2nd 2002, 2:20 pm
  #6  
Joe
Guest
 
Posts: n/a
Default 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
 

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 - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.