98年11月H-1B从北京签过,来到美国.
99年8月从H-1转成F-1,
现在找到工作,又要从F1重新申请H-1.
但移民局昨天发函说我的H-1已经超过6年,
无法批准申请,看上去需要补充证明材料.原文如下.
请问大家,象我这种情况,怎么办?
该跟律师怎么说?
是不是需要回中国去签H-1?
真的是欲哭无门.
移民局原文:
"H-1B Extension Beyong the Six-Year Limit: The USCIS finds that the requested date for employment exceeds the six-year limit for the H-1B status.
However, it is not clear from the record how the petitioner has determinied the beneficiary qualifies to extend beyond the sixth-year. There are four ways a beneficiary may qualify to extend his or her employment beyond the sixth-year limit:
1. Recapturing any time outside the U.S. including seasonal or intermittent employment, etc.:
2. remaining outside the U.S. for 1 continous year;
3. exemption from the six-year maximum limitation of authorized stay in H and or L nonlimmigrant status in cases of lengthy adjustication of the alien"s lawful permanent resident status; or
4. exemption from the six-year maximum limitation of authorized stay in H and or L nonimmigrant status when an H-1B nonimmigrant with approved I-140 petition is unable to adjuest status due to limitation on visa availability by country.
Accordingly, the petitioner must choose one of the four reasons below and support it with the listed decumentation to establish eligibility for extension beyond the six-year limit."_:'(