7th year Extension

[Orion786]

Hello Everyone,

I am in a complex scenario and request your advise on the same.

I am in US and my family is in India. All of us have a valid visa stamping till 01/06/2013 which is when my 6th year of H-1Bexpires.

My family is coming back to US on 09/07/2012. All of us are again leaving US on 11/30/2012 and re-entering on 01/04/2013, which is just two days before the visa expiry date of 01/06/2013.

I am eligible to file a 7th year extension based on the 365 day PERM rule.

Below are the questions:

1. Can I file an extension for my dependents before 09/07/2012 while they are in India. Note that they still have a H4 visa valid till 01/06/2013.

2. If I file an extension after 09/07/2012 and the extension is still pending while I re-enter US on 01/04/2013, my I94 will be issued just for two days ending 01/06/2013. However, my stay in US will be legal even after 01/06/2013 till a decision is taken on my application. Is this correct.

3. Lets say I file an extension after 09/07/2012 and the extension is approved before my re-entry into US. Also, the attorney couriered me the approval notice and I am carrying it with me during my re-entry.

3a. Will I get a I94 expiring 01/06/2013 or expiring 01/06/2014 (expiry date on approval notice).

3b. I have heard the validity start date on the petition plays a crucial role. If the validity start date is 01/07/2013, will my stay in US be legal since I have an approved petition or will the 01/06/2013 I-94 supercede the 01/06/2014 I-94.

3c. In such a case, do I have to reenter US only on or after 01/07/2013 ?

3d. Does it matter whether or not I do the stamping based on the new approval ?

4. Lets say I file an extension after 09/07/2012 and the extension is approved JUST before my re-entry into US. Thus, at the time of re-entry I am not carrying my new approval, though I have a valid visa till 01/06/2013. I will hence get a I94 expiring 01/06/2013. Will my stay in US be legal since I have an approved petition or will the 01/06/2013 I-94 supercede the 01/06/2014 I-94. In such a case, do I have to reenter US only on or after 01/07/2013 ?

Thanks a lot for your cooperation.

[US_H1_123]

Hello Everyone,

I am in a complex scenario and request your advise on the same.

I am in US and my family is in India. All of us have a valid visa stamping till 01/06/2013 which is when my 6th year of H-1Bexpires.

My family is coming back to US on 09/07/2012. All of us are again leaving US on 11/30/2012 and re-entering on 01/04/2013, which is just two days before the visa expiry date of 01/06/2013.

I am eligible to file a 7th year extension based on the 365 day PERM rule.

Below are the questions:

1. Can I file an extension for my dependents before 09/07/2012 while they are in India. Note that they still have a H4 visa valid till 01/06/2013.

I think you will have to file H4 along with H1 extension. It can't be done alone. Only stamping can be done alone.

Also if they have their current stamped H4 visa on their passport valid until Jan 2013 then they don't need to get it stamped while entering US before Jan 2013.

2. If I file an extension after 09/07/2012 and the extension is still pending while I re-enter US on 01/04/2013, my I94 will be issued just for two days ending 01/06/2013. However, my stay in US will be legal even after 01/06/2013 till a decision is taken on my application. Is this correct.

Yes

3. Lets say I file an extension after 09/07/2012 and the extension is approved before my re-entry into US. Also, the attorney couriered me the approval notice and I am carrying it with me during my re-entry.

3a. Will I get a I94 expiring 01/06/2013 or expiring 01/06/2014 (expiry date on approval notice).

technically, its Jan 2013. because you are entering on your valid visa. assuming you have jan 2013 already stamped on your passport.

3b. I have heard the validity start date on the petition plays a crucial role. If the validity start date is 01/07/2013, will my stay in US be legal since I have an approved petition or will the 01/06/2013 I-94 supercede the 01/06/2014 I-94.

jan 2013 will supercede. not 100%

3c. In such a case, do I have to reenter US only on or after 01/07/2013 ?

3d. Does it matter whether or not I do the stamping based on the new approval ?

4. Lets say I file an extension after 09/07/2012 and the extension is approved JUST before my re-entry into US. Thus, at the time of re-entry I am not carrying my new approval, though I have a valid visa till 01/06/2013. I will hence get a I94 expiring 01/06/2013. Will my stay in US be legal since I have an approved petition or will the 01/06/2013 I-94 supercede the 01/06/2014 I-94. In such a case, do I have to reenter US only on or after 01/07/2013 ?

Thanks a lot for your cooperation.