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Hello,
Need your advice on my current situation. My labor was filed on 20th Sep 2011 (in my 6th year). I got a rejection in the month of June & my company filed a reconsideration request, which doesn't seem to have any ETA. My 6th year stamped visa was getting expired on 16th Aug 2012, so I had to leave the country. I left US for Canada on 14th Aug. I also visited India in the month of June for 15 days, which I have not captured yet.
Now I'm in Canada & my wife is in US on her H1 visa which is valid for atleast 2 years & will get further extended based on her approved i-140.
Questions:
1. Am I eligible to file for 1 yeah H1 extension based on "pending response on labor more than 365 days" condition?
2. Do I need to (or can I) mention this recapture period of 17 days or so anywhere?
3. In case I apply now for H4 visa based on my wife's H1, so that I go visit her when possible, will there be any issue filing for H1 extension?
Your help on above is highly appreciated.
Regards,
Amit
Need your advice on my current situation. My labor was filed on 20th Sep 2011 (in my 6th year). I got a rejection in the month of June & my company filed a reconsideration request, which doesn't seem to have any ETA. My 6th year stamped visa was getting expired on 16th Aug 2012, so I had to leave the country. I left US for Canada on 14th Aug. I also visited India in the month of June for 15 days, which I have not captured yet.
Now I'm in Canada & my wife is in US on her H1 visa which is valid for atleast 2 years & will get further extended based on her approved i-140.
Questions:
1. Am I eligible to file for 1 yeah H1 extension based on "pending response on labor more than 365 days" condition?
2. Do I need to (or can I) mention this recapture period of 17 days or so anywhere?
3. In case I apply now for H4 visa based on my wife's H1, so that I go visit her when possible, will there be any issue filing for H1 extension?
Your help on above is highly appreciated.
Regards,
Amit
