L1 2 Yrs + H1 almost 4 yrs

Hi,
I came to US on L1 and then changed over to H1. I was on L1 for 2 years and now I am on H1. On my latest H1 the I-94 has been approved till sept 2004. My 6 years in US expries in 2002 Dec. My lawyer says

The INS approval notice is what controls, if they issued him an
extension beyond the six year limit, the extension is valid unless revoked.
However,no need to get technical here, as far the six year limit that applies to L is independent from the six year limit that applies to the H. The H limit is contained in INA Section 214(i)(2)(C)(ii) and the L limit is in 214(c)(2)(D). The statute does not combine the limits, so I don't see the problem here. His H is valid to September, 2004.

Do I need to apply for 7th year extension or am I ok.

Anybody please help my time is running out.

Raghu

Hi,
I came to US on L1 and then changed over to H1. I was on L1 for 2 years and now I am on H1. On my latest H1 the I-94 has been approved till sept 2004. My 6 years in US expries in 2002 Dec. My lawyer says

The INS approval notice is what controls, if they issued him an
extension beyond the six year limit, the extension is valid unless revoked.
However,no need to get technical here, as far the six year limit that applies to L is independent from the six year limit that applies to the H. The H limit is contained in INA Section 214(i)(2)(C)(ii) and the L limit is in 214(c)(2)(D). The statute does not combine the limits, so I don't see the problem here. His H is valid to September, 2004.

Do I need to apply for 7th year extension or am I ok.

Anybody please help my time is running out.

Raghu

H1 and L1 are two different non immigrant status. You didnot mentioned your LC status. You can count for 6 years of the date you receive H1. if you are under AOS and waithing you can file for extension for another if 6 years are completed ON HIB only.(Not combined).

My I-140 has been filed. My company will not file for I-485 till my i-140 is approved. The question I have is does the time I spent on L1 count towards my H1B 6 year limit.

I belive it does My lawyer says it does not.

Please clarify.

Thanks

The time you spend on L1 is not counted in the limit of 6 years on H1B. Both are different catogary.For example lets say you have L1 for 5 years and then change to H1B you will go on for another 6 years..Got it?

This is what an attorney I consulted says .
Mohan can you tell me which provision governs the six year limit. I wish what you said was true
Cheers
Raghu

Actually, there is every reason to get technical here. As far as time in L status counting toward the six year limit, this is governed by 8 CFR 214.2(h)(13)(iii), which provides:

(A) Alien in a specialty occupation or an alien of distinguished merit and
ability in the field of fashion modeling. An H-1B alien in a specialty
occupation or an alien of distinguished merit and ability who has spent six
years in the United States under section 101(a)(15)(H) and/or (L) of the Act
may not seek extension, change status, or be readmitted to the United States
under section 101(a)(15)(H) or (L) of the Act unless the alien has resided
and been physically present outside the United States, except for brief trips
for business or pleasure, for the immediate prior year.

The problem with your attorneys position (although he is certainly correct that the I-94 is valid till cancelled) is that a misstatement on any of the preceding H-1 petitions regarding the time in H or L status could be considered immigration fraud when you get an immigration benefit from it. I'd avoid the potential problem and file for a 7th year extension.


__________________
Jim

James D. Mills, Esq.
Attorney at Law
PH: 973-590-5110
PH: 732-644-5702
jdmills@justice.com
http://www.geocities.com/jamesdmillsesq/

Read 214.2h
, 214.h,
101(A) (15)(H)

Sec. 248.1 Eligibility.



(a) General. Except for those classes enumerated in § 248.2, any alien lawfully admitted to the United States as a nonimmigrant, including an alien who acquired such status pursuant to section 247 of the Act, who is continuing to maintain his or her nonimmigrant status, may apply to have his or her nonimmigrant classification changed to any nonimmigrant classification other than that of a spouse or fiance(e), or the child of such alien, under section 101(a)(15)(K) of the Act, or as an alien in transit under section 101(a)(15)(C) of the Act. An alien defined by section 101(a)(15)(V) of the Act may be accorded nonimmigrant status in the United States by following the procedures set forth in § 214.15(f) of this chapter. (Amended 9/7/01; 66 FR 46697) (Amended 8/14/01; 66 FR 42587)



(b) Timely filing and maintenance of status. Except in the case of an alien applying to obtain V nonimmigrant status in the United States under § 214.15(f) of this chapter, a change of status may not be approved for an alien who failed to maintain the previously accorded status or whose status expired before the application or petition was filed, except that failure to file before the period of previously authorized status expired may be excused in the discretion of the Service, and without separate application, where it is demonstrated at the time of filing that:

(Introductory text revised 9/7/01; 66 FR 46697)



(1) The failure to file a timely application was due to extraordinary circumstances beyond the control of the applicant or petitioner, and the Service finds the delay commensurate with the circumstances;



(2) The alien has not otherwise violated his or her nonimmigrant status;



(3) The alien remains a bona fide nonimmigrant; and



(4) The alien is not the subject of removal proceedings under 8 CFR part 240. (Revised effective 4/1/97; 62 FR 10312)



(c) Change of nonimmigrant classification to that of a nonimmigrant student. (Paragraph (c) revised 4/12/02; 67 FR 18062)



(1) Except as provided in paragraph (c)(3) of this section, a nonimmigrant applying for a change of classification as an F-1 or M-1 student is not considered ineligible for such a change solely because the applicant may have started attendance at school before the application was submitted. The district director or service center director shall deny an application for a change to classification as an M-1 student if the applicant intends to pursue the course of study solely in order to qualify for a subsequent change of nonimmigrant classification to that of an alien temporary worker under section 101(a)(15)(H) of the Act. Furthermore, an alien may not change from classification as an M-1 student to that of an F-1 student.



(2) [Reserved]



(3) A nonimmigrant who is admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or after April 12, 2002, or who files a request to extend the period of authorized stay as a B-1 or B-2 nonimmigrant on or after such date, may not pursue a course of study at an approved school unless the Service has approved his or her application for change of status to a classification as an F-1 or M-1 student. The district director or service center director will deny the change of status if the B-1 or B-2 nonimmigrant enrolled in a course of study before filing the application for change of status or while the application is pending before the Service.



(d) Application for change of nonimmigrant classification from that of a student under section 101(a)(15)(M)(i) to that described in section 101(a)(15)(H). A district director shall deny an application for change of nonimmigrant classification from that of an M - 1 student to that of an alien temporary worker under section 101(a)(15)(H) of the Act if the education or training which the student received while an M - 1 student enables the student to meet the qualifications for temporary worker classification under section 101(a)(15)(H) of the Act.



(e) Change of nonimmigrant classification to that as described in section 101(a)(15)(N). An application for change to N status shall not be denied on the grounds the applicant is an intending immigrant. Change of status shall be granted for three years not to exceed termination of eligibility under section 101(a)(15)(N) of the Act. Employment authorization pursuant to section 274(A) of the Act may be granted to an alien accorded nonimmigrant status under section 101(a)(15)(N) of the Act.



Employment authorization is automatically terminated when the alien changes status or is no longer eligible for classification under section 101(a)(15)(N) of the Act.


[36 FR 9001, May 18, 1971, as amended at 48 FR 14592, Apr. 5, 1983; 52 FR 11621, Apr. 10, 1987]

Sorry I miss the point in your post, where does it say that the limits on H1 and L1 are independent. Can you please highlight that clause.

Raghu

http://www.ilw.com/lawyers/colum_art...02-lester.shtm
this article says about new term of H1B time period