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7th year H1 extension with pending AAO 7th year H1 extension with pending AAO
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  #1 (permalink)  
Old 03-22-2010, 01:36 PM
Junior Member
Priority Date
:
Nov-02
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2008
Posts: 3
pswcil@yahoo.com is infamous around these parts pswcil@yahoo.com is infamous around these parts
Default 7th year H1 extension with pending AAO
Entered into USA on H1: 06/2001
Change of Status to F1: 12/2001
Change of Status to H1: 10/2004

Labor Filed Substitution: 07/2007
Appeal: 11/2009 in process

I calculated my time in USA excluding time spent outside the country and my 6 years will end in June 2010. When my employer renewed H1 back in 2008 he simply claimed for 3 years and USCIS approved till 03/2011. But I read somewhere online that we have to calculate our time spent in the country and should not go by the date that is on our H1.

1. Does the change of status from H1 to F1 reset the H1 time period or do we have to consider that time
period while calculating the 6 years
2. As my application (AAO) is pending I heard I will get a one year extension. The question I have is can I
stay on my current H1 till 03/2011 or do I have to renew my H1?

Thanks
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  #2 (permalink)  
Old 03-23-2010, 07:57 AM
Senior Member
Priority Date
:
Feb-10
Category
:
EB3
I140 Mailed Date
:
03/17/2011
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:
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Processing Stage
:
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I485 Mailed Date
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Join Date: Oct 2008
Posts: 406
sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute sac-r-ten has a reputation beyond repute
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you are good till 3/2011.renewal should be applied when you are nearing 3/2011, depending on your AOS status USCIS will assess your application for 1 or 3 yrs.
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  #3 (permalink)  
Old 03-23-2010, 09:46 AM
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Default AAO appeal
Did you got denial for your substituted labor ? (I-140) ?
What is the reason for the denial ?
Please explain it for the sake of info to the community.

Quote:
Originally Posted by pswcil@yahoo.com View Post
Entered into USA on H1: 06/2001
Change of Status to F1: 12/2001
Change of Status to H1: 10/2004

Labor Filed Substitution: 07/2007
Appeal: 11/2009 in process

I calculated my time in USA excluding time spent outside the country and my 6 years will end in June 2010. When my employer renewed H1 back in 2008 he simply claimed for 3 years and USCIS approved till 03/2011. But I read somewhere online that we have to calculate our time spent in the country and should not go by the date that is on our H1.

1. Does the change of status from H1 to F1 reset the H1 time period or do we have to consider that time
period while calculating the 6 years
2. As my application (AAO) is pending I heard I will get a one year extension. The question I have is can I
stay on my current H1 till 03/2011 or do I have to renew my H1?

Thanks
__________________
Proud to be Indian and American resident.
GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.
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  #4 (permalink)  
Old 03-23-2010, 10:49 AM
Junior Member
Priority Date
:
Nov-02
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2008
Posts: 3
pswcil@yahoo.com is infamous around these parts pswcil@yahoo.com is infamous around these parts
Default
Thanks for the reply sac-r-ten.Can you please answer this question

Does the change of status from H1 to F1 reset the H1 time period or do we have to consider that time period while calculating the 6 years.

Thanks
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