Only Murthy forum can help: H1B extension post 6 years short of 6 days period for 365 days pending labor rule

ajmahesh

By ajmahesh,
in H1B : 7th Year Extension

Recommended Posts

ajmahesh Newbie

ajmahesh

Posted
Posted

Hi All,

I am one of the very unluck guy in the US, fighting since 2006 to get a GC but all in vain and now at the same position where started in 2006. Here is my short story:

1) Applied labor in 2006, got denial in 2009 , appealed in Balc , got final denial in 2011

2) Applied for new labor in 2012 with PD: June 26, 2012, got Audit, replied audit and was waiting for the result. however,

Just now got an email from lawyer that this new labor has also been denied.

3) H1B with recaptured time expired in Dec, 2012. Changed the status to B2 visa, staying in USA since Dec 2012 with no job, driving license etc.

4) B2 visa is expiring on June 20, 2013 (which is 6 days short of the denied perm priority date).

Q1: If we apply for MTR for this denied labor, just to buy time, the perm labor will be moved back to "in process" status which is a "pending" status and then past June 26, 2013 we will be able to cross the 365 days of pending labor and then could get an H1b extention but then will be out of status from June 20 ( when curent B2 visa is expiring) to June 26 (the perm PD) then

a) how can we file h1b extension as what can we say in the current status field in the form.

b) do we have to file extension or change of status?

c) if it is change of status then, from which status? ( as we will be out of status)

d) can we file H1B extension prior to Jun 20, 2013 (when our b2 visa is expiring) for a future date (which will be valid after June 26, 2013)?

Please HELP HELP HELP

Link to comment

Archived

This topic is now archived and is closed to further replies.

Go to topic listing