bholebaba Posted October 15, 2011 Report Share Posted October 15, 2011 Hello guys, Here is my situation. Let me know if you guys have any advice .. it has been one nightmare after another ... My Labor application was filed on 12 April 2011. Mid of July I got a audit on my Labor application. I realized that my H1B 6 yrs was expiring on Oct 17 2011. This meant that I needed at least 6 more months between Oct 17 and Apr 12th .... During my 6 yr period on H1, I was out of the country for 4 months. So I went out of the country for 2 months start July 16th. So then I come back on Sept 16th and I apply for my H1B extension on Oct 4th - Premium processing. up to A pril 2013.(6months of outside US + 1 YR extension as it would be 365 days after the first 6 months of H1B Visa) Now I got RFE asking for paystubs for 3 months and show that I have applied for Labor 365 days back (which would be only true on Arpil 12th) What do you think my RFE response would be, is there something I should think about ! Its been 9 yrs in US ... seems like its almost crumbling now !! Any suggestion would help ! Link to comment
pontevecchio Posted October 16, 2011 Report Share Posted October 16, 2011 You cannot claim the one year H1 extension based on a pending Labor till the laboir has been pending for 365 days. Basically you can only wait for one year of oending labor and apply for a one year extension at that time. I am amazed that your Lawyer filed in this manner. Link to comment
bholebaba Posted October 17, 2011 Author Report Share Posted October 17, 2011 You cannot claim the one year H1 extension based on a pending Labor till the laboir has been pending for 365 days. Basically you can only wait for one year of oending labor and apply for a one year extension at that time. I am amazed that your Lawyer filed in this manner. Isn't the rule that you can apply for extension 6 months in advance.. based on that it would 1 yr in 6 months. Link to comment
bholebaba Posted October 17, 2011 Author Report Share Posted October 17, 2011 You cannot claim the one year H1 extension based on a pending Labor till the laboir has been pending for 365 days. Basically you can only wait for one year of oending labor and apply for a one year extension at that time. I am amazed that your Lawyer filed in this manner. I just spoke with my lawyer and he said this is something he has done in the past too. Finger crossed !! Link to comment
pontevecchio Posted October 17, 2011 Report Share Posted October 17, 2011 In future please involve a Lawyer in filing H1 petitions. Your Labor needs to be pending 365 days to file the one year extension. This is a separate requirement from the ability to file H1 extensions to which you are entitled to up to 6 months in advance. Link to comment
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