subbav0608 Posted July 25, 2013 Report Share Posted July 25, 2013 Team, Here is tricky situation of my case. Please go through that and help me on the options. Us entry Date : June 27 2007 I-797 Expiration : Jan 22, 2013 H1-B Visa Stamp expiration: Jan 22, 2013 My max out date with recapture is Aug-2013 Labor Certification with DOL filed: June 23, 2013 Dol Audit received: Sept 22, 2013 Audit Responded :October 09, 2012 Audit denied - April 18 2013 Reconsideration appeal sent--May-01-2013 went to balca review Filed an extension on Nov-2012 and denied to get the remaining 8 months + one year as Labour filed an year before US Exit date finally after rejection:April 08 2013 6 Yrs stay is still not completed and came back to india on April 2013. Now if i will stay an year in india and if my labor is not approved till that time. If i file that extension in this year and got approval and stamped for the same extenstion (4 months left over of 6th yr + 1year as labor is still pending) by chance and travelled back exactly after a year some where in May 2014. Qstn : 1.Whether my clock will reset to 6 yrs? 2.if i file a h1 or L1 through my company after iam finishing the above extension (4 months+ 1year as labor is still pending) am i eligible to get as fresh 6 years? 3.In between if my labor appeal is not approve am i eligble to file L1 or h1 when i will be in US? as i have my stay outside of US is an year? 4. Also if my labor is not approve when i will be in us will my visa get cancelled as i came to US with the same extension? Thanks, VSR Link to comment
redgreenbluee Posted July 25, 2013 Report Share Posted July 25, 2013 please consult a lawyer. you need to be outside the US for one year and apply new H1 subject to cap for 6 years reset. if you stay outside the US for one year but use H1 extension to return, no reset. Team, Here is tricky situation of my case. Please go through that and help me on the options. Us entry Date : June 27 2007 I-797 Expiration : Jan 22, 2013 H1-B Visa Stamp expiration: Jan 22, 2013 My max out date with recapture is Aug-2013 Labor Certification with DOL filed: June 23, 2013 Dol Audit received: Sept 22, 2013 Audit Responded :October 09, 2012 Audit denied - April 18 2013 Reconsideration appeal sent--May-01-2013 went to balca review Filed an extension on Nov-2012 and denied to get the remaining 8 months + one year as Labour filed an year before US Exit date finally after rejection:April 08 2013 6 Yrs stay is still not completed and came back to india on April 2013. Now if i will stay an year in india and if my labor is not approved till that time. If i file that extension in this year and got approval and stamped for the same extenstion (4 months left over of 6th yr + 1year as labor is still pending) by chance and travelled back exactly after a year some where in May 2014. Qstn : 1.Whether my clock will reset to 6 yrs? 2.if i file a h1 or L1 through my company after iam finishing the above extension (4 months+ 1year as labor is still pending) am i eligible to get as fresh 6 years? 3.In between if my labor appeal is not approve am i eligble to file L1 or h1 when i will be in US? as i have my stay outside of US is an year? 4. Also if my labor is not approve when i will be in us will my visa get cancelled as i came to US with the same extension? Thanks, VSR Link to comment
subbav0608 Posted July 26, 2013 Author Report Share Posted July 26, 2013 Thanks alot for the info RGB. Actually i may get extension according to my case as 1 yr 4 months. When i am finishing this extension, My Question is if i file a new L1 or H1 before completing the above Extension from US will i get 6 years? Link to comment
subbav0608 Posted October 16, 2013 Author Report Share Posted October 16, 2013 Team, Here is tricky situation of my case. Please go through that and help me on the options. Us entry Date : June 27 2007 I-797 Expiration : Jan 22, 2013 H1-B Visa Stamp expiration: Jan 22, 2013 My max out date with recapture is Aug-2013 Labor Certification with DOL filed: June 23, 2013 Dol Audit received: Sept 22, 2013 Audit Responded :October 09, 2012 Audit denied - April 18 2013 Reconsideration appeal sent--May-01-2013 went to balca review Filed an extension on Nov-2012 and denied to get the remaining 8 months + one year as Labour filed an year before US Exit date finally after rejection:April 08 2013 6 Yrs stay is still not completed and came back to india on April 2013. Now if i will stay an year in india and if my labor is not approved till that time. Whether i can file a new h1 or L1 even if my labour is pending as i stayed one year outside USA? Link to comment
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