decperm28 Posted September 13, 2012 Report Share Posted September 13, 2012 My 6 year is expiring on 20th Oct 2012(after recapture time),My I-94 is Valid till Nov 2013.My Perm priority Date is Dec 2011.received audit for the same.I am not sure if I will get the approval on time. My question is since my I-94 is valid can I stilll stay in US?Will I go out of status if I stay after 20th Oct 2012? Is it possible for me to stay after Oct 2012 and once Perm Approval comes file for I-140 in premium and then apply for extension ? Please advice. Link to comment
tek4us Posted September 13, 2012 Report Share Posted September 13, 2012 If your PERM is in audit for more than 1 year then you will be eligible to apply for 1 year H-1b extension. According to your dates you can apply for extention after dec 2012. You need to speak to attorney for those 3 months. Let us also know. Link to comment
kalyan_ac Posted September 14, 2012 Report Share Posted September 14, 2012 What tells you that your 6 yrs are up on Oct 2012? Is the date on I797 or the date on your visa. Link to comment
decperm28 Posted September 14, 2012 Author Report Share Posted September 14, 2012 Thanks for the reply.But since My I-94 is still valid after Oct.Can I stay in US? And then as soon as my Perm is approved file for 140 and then the extension? I am asking this as in my scenario I have valid I-94 which is valid till Next year i.e 2013 Link to comment
decperm28 Posted September 17, 2012 Author Report Share Posted September 17, 2012 @ immigrationseeker it is my calculation that my 6 years in US(after recapture time) will complete in Oct 2012.. Date in I797 and I-94 is Nov2013. So my question is will I be out of status of Oct2012?Can I stay after Oct 2012? Link to comment
kalyan_ac Posted September 17, 2012 Report Share Posted September 17, 2012 You can stay till the expiry date on the petition. Link to comment
geethb Posted September 17, 2012 Report Share Posted September 17, 2012 Hi decperm28 Currently the labor dept is processing, Jan 2012 Priority dates. So based on that, you should be getting the decision on Audit soon. Also, check with your company attorney on the status and your attorney could send email to Labor dept on the status of your PERM Audit case But....since you are too close to your dates, some people in your situation, would go back to home country, do the I140 from there and based on the I410 fo the H1b extension, (if you have some time left in the H1B). you need to have some time left in H1 for that Link to comment
decperm28 Posted September 17, 2012 Author Report Share Posted September 17, 2012 @ immigrationseeker as per your reply I can stay till my petition expiry which is 2013. My Question is what about the rule for staying for maximum of 6 years in the Unites States on H1B?Will I go out of status after Oct 2012? @ geethb Thanks for the reply.Even I am waiting for the decision on my Audit. My H1(6 years with recapture) will end on the last week of Oct 2012.So I have nothing left to recapture. As asked before and replied by immigrationseeker above my I797 and I-94 is valid till 2013. In this scenario can I still stay in US without going out of status or not? In the best scenario if I get my approval in time then I can do I-140 in premium and apply for extension. Link to comment
kalyan_ac Posted September 18, 2012 Report Share Posted September 18, 2012 You can stay till the expiry date on the petition. I remember reading comments from JoeF, where he said its our responsibility to make sure we make a note of the end of the 6 yr period and do something about it. But if CIS has approved it,you are legal to stay. Link to comment
JoeF Posted September 18, 2012 Report Share Posted September 18, 2012 You can stay till the expiry date on the petition. I remember reading comments from JoeF, where he said its our responsibility to make sure we make a note of the end of the 6 yr period and do something about it. But if CIS has approved it,you are legal to stay. They sometimes make mistakes by approving things for too long. Don't rely on that. They eventually will find out, and change things retroactively. That could result in the person being out of status retroactively. That's why I am saying that it is the responsibility of the person to make sure to not take advantage of a USCIS mistake. Link to comment
decperm28 Posted September 19, 2012 Author Report Share Posted September 19, 2012 Hi JoeF, Thanks for the reply.My PERM is in audit so In my case since for now I have valid 797 and I-94 is it ok to stay past 6 years. Case 1 person staying without PERM after 6 years. Case 2 person staying with PERM filed after 6 year(with valid 797 and I-94) The moment my Perm is approved I can go for I-140 in premium and apply for extension. I am asking this as I have PERM as the backup and once that went through and then filing H1 extension will take care of everything? Do you think in that scenario also I will go out of status?And this will create any problem for me? Link to comment
geethb Posted September 19, 2012 Report Share Posted September 19, 2012 you are only safe when you have received the H1B Extension receipt before the end date of the I-797 Link to comment
decperm28 Posted September 24, 2012 Author Report Share Posted September 24, 2012 Hi JoeF, can you please respond to my above post? also can you/anyone please answer this 1.In my case my Perm will be pending for >365 days in the month of Dec 2012.I can stay in India from Oct-Dec 2012.After that I will be eligible to file for 7th years of extension My question is since by mistake USCIS has already given me I-797 valid till Dec 2013 is it ok to just get the stamping and come back to US?Or I will have to file for extension for 7th year? Link to comment
MBATechGrad Posted February 6, 2015 Report Share Posted February 6, 2015 Hi Decperm28, can you please update on what has finally happend? I am also in the same boat. My 1-797 is approved till Feb-2017 while my maxout date (including recapture date) is Mar, 2016. Is it legal to stay ill Feb-2017? Regards A Link to comment
Sanjay353 Posted April 29, 2017 Report Share Posted April 29, 2017 Hi Decperm28/MBATechGrad Can you please update on what has finally happend? I am also in the same boat. My 1-797/Visa/I-94 is approved till Aug-2019 while my maxout date is Sep, 2017. Is it legal to stay till Aug-2019? Regards A Link to comment
Marcus797b Posted February 22, 2019 Report Share Posted February 22, 2019 There is no clear indication of what happened to these folks who were nearing time out on 6 years. Many of us are in similar situations where h1b max out is close, but PERM is pending and have a valid I94. Appreciate if people could shed some light here. Link to comment
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