logiclife
12-15 10:39 AM
This is actually good. this means that the company will not meddle in H1B and your papers and do whatever the lawyer says should be done.
That means that you have a chance to hire your own lawyer and establish contact between company and lawyer.
It may cost your some money to hire a lawyer, but trust me, having your own lawyer that is employed by you (rather than employer) is worth 10 times the lawyer's fees. Get a lawyer, ask your company to talk to that lawyer and follow his/her directions. All you company has to do is provide the paperwork.
Tell your company that its not a big deal and even 10-employee companies sponsor H1 and its a matter of paperwork.
That means that you have a chance to hire your own lawyer and establish contact between company and lawyer.
It may cost your some money to hire a lawyer, but trust me, having your own lawyer that is employed by you (rather than employer) is worth 10 times the lawyer's fees. Get a lawyer, ask your company to talk to that lawyer and follow his/her directions. All you company has to do is provide the paperwork.
Tell your company that its not a big deal and even 10-employee companies sponsor H1 and its a matter of paperwork.
wallpaper It is a skin-loving mineral
sanjeev_2004
05-26 03:08 PM
As for as my knowlege pending I140s wont be effected. Senior members can currect me if i am wrong.
Thx.
Thx.
chanduv23
12-09 10:18 PM
^^^^
2011 a sheer amp; natural finish
BECsufferer
08-30 06:55 PM
Is there any relation between biometrics and the final green card approval time?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
Biometrics expire after 15 months. This could be renewal, however if it turns to be what you think ? than good for you.
In my case, biometrics had expired 6-8 months ago, but USCIS never informed me. My PD is current but they are saying case is struck at last background check. All other stuff like name-check, finger-prints are done.
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
Biometrics expire after 15 months. This could be renewal, however if it turns to be what you think ? than good for you.
In my case, biometrics had expired 6-8 months ago, but USCIS never informed me. My PD is current but they are saying case is struck at last background check. All other stuff like name-check, finger-prints are done.
more...
mmanurker
06-06 10:15 AM
Contributed $100...
Transaction ID: 0LE04357M8091673D
Transaction ID: 0LE04357M8091673D
thamizhan
07-18 10:49 AM
http://newspostindia.com/report-7892
more...
GCin2050
07-10 05:33 PM
Great,
We need more people going to press and television with stories of how it affects us and then following it up with Senators and Congressman of their district. This will create more awareness with human face and emotion behind the issue. After all this is what illegal aliens did, they took out rallies and ran stories of how families will be separated, they have worked for years, their kid is US citizen but parents are illegal and deporting them is not good, they are hardworking, church going people. We need to replicate that thrust on our issues. I think this should be the next drive of the media campaign - Personal Stories.
We need to highlight how july bulletin affected us and more importantly we were not allowed to file. Also, all of us need to join the class action lawsuit without fear. United we stand, divided we fall.
-----------------------------------------------------
http://www.deseretnews.com/dn/view/0,1249,680197801,00.html
Workers feeling cheated by green-card reversal
By Deborah Bulkeley
Deseret Morning News
A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
"There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
"Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
"Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
"We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
"It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."
--------------------------------------------------------------------------------
Contributing: The Associated Press
E-mail: dbulkeley@desnews.com
We need more people going to press and television with stories of how it affects us and then following it up with Senators and Congressman of their district. This will create more awareness with human face and emotion behind the issue. After all this is what illegal aliens did, they took out rallies and ran stories of how families will be separated, they have worked for years, their kid is US citizen but parents are illegal and deporting them is not good, they are hardworking, church going people. We need to replicate that thrust on our issues. I think this should be the next drive of the media campaign - Personal Stories.
We need to highlight how july bulletin affected us and more importantly we were not allowed to file. Also, all of us need to join the class action lawsuit without fear. United we stand, divided we fall.
-----------------------------------------------------
http://www.deseretnews.com/dn/view/0,1249,680197801,00.html
Workers feeling cheated by green-card reversal
By Deborah Bulkeley
Deseret Morning News
A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
"There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
"Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
"Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
"We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
"It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."
--------------------------------------------------------------------------------
Contributing: The Associated Press
E-mail: dbulkeley@desnews.com
2010 a smooth natural finish:
dcrtrv27
11-14 07:32 AM
Why dont you write to your COngressman or Senator?
If possible go and meet them They will help you. or even better have your employer also write to them expalining the circumstances.
Arulz,
I did follwing things so far...
1) Wrote Congressman (Informed that I should get adjucation by 60-120days)
2) Wrote Senator,(Informed that I should get adjucation by 60-90days)
3) Wrote Ombudsman.,(Informed that I should get adjucation by 60-90days)
4) Called USCIS and raised thre SR so far.
5) Talked to IO atelast once a week since last one month. (Asked to wait for weeks everytime)
6) Had infopass past week : confirm teh case assigned to IO on Oct.17th
My background check is clear VISa is available PD ius current...Everything is ready to go....Except that sleeping IO should wait up and cleare his desk.:mad:
ONLY think now I need to do is track the IO and identify and contact him and wake him up and ask to do the needful.:D
If possible go and meet them They will help you. or even better have your employer also write to them expalining the circumstances.
Arulz,
I did follwing things so far...
1) Wrote Congressman (Informed that I should get adjucation by 60-120days)
2) Wrote Senator,(Informed that I should get adjucation by 60-90days)
3) Wrote Ombudsman.,(Informed that I should get adjucation by 60-90days)
4) Called USCIS and raised thre SR so far.
5) Talked to IO atelast once a week since last one month. (Asked to wait for weeks everytime)
6) Had infopass past week : confirm teh case assigned to IO on Oct.17th
My background check is clear VISa is available PD ius current...Everything is ready to go....Except that sleeping IO should wait up and cleare his desk.:mad:
ONLY think now I need to do is track the IO and identify and contact him and wake him up and ask to do the needful.:D
more...
SunnySurya
08-21 02:31 PM
Just frustation my dear freind, just frustation, got any ideas about the Indian Job market?
Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�
Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�
hair a sheer amp; natural finish
desighee
10-28 05:15 PM
What game and who are these people?
i think shraddha is a girl and saburi looks like a car similar to subaru
i think shraddha is a girl and saburi looks like a car similar to subaru
more...
njboy
06-09 11:35 AM
bottom line is guys..they've figured out a cash cow, and will milk it..can a person on H1B afford 5 months of waiting for renewal/job change extension? What if there is an emergency at home? there's always a solution, beg the company to pay $1000.00 and convert it into premium process. What if the company does not want to? You are sc***ed! The waste products are going to hit the overhead air circulation device once they start processing the 13 mil. illegal immigrants.
hot Borghese Rapido Fast Dry Nail
pd_recapturing
09-04 10:31 AM
I am also planning.
My case is like this. I applied AOS based on EB3 I140 (PD May 2004). I recenlty got my EB2 I-140 approved with a different labor applied for me. Now, I want to interfile new EB2 I140 with my pending I-485. Does your case similar to mine ? Please let me know and also, how are you planning to do it ?
My case is like this. I applied AOS based on EB3 I140 (PD May 2004). I recenlty got my EB2 I-140 approved with a different labor applied for me. Now, I want to interfile new EB2 I140 with my pending I-485. Does your case similar to mine ? Please let me know and also, how are you planning to do it ?
more...
house by Borghese Brush set and
aniltatikonda
02-08 04:39 PM
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
http://immigrationvoice.org/forum/showthread.php?t=16188
tattoo Borghese Rapido Fast Dry Nail
raysaikat
05-07 09:27 AM
I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":
TITLE 22--FOREIGN RELATIONS
CHAPTER V--UNITED STATES INFORMATION AGENCY
PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents
Subpart C--Status of Exchange Visitors
Sec. 514.42 Transfer of program.
(a) Program sponsors may, pursuant to the provisions set forth in
this section, permit an exchange visitor to transfer from one designated
program to another designated program.
(b) The responsible officer of the program to which the exchange
visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program
eligibility;
(2) Execute the Form IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, the responsible
officer of the program to which the exchange visitor has transferred
shall provide:
(1) The exchange visitor his or her copy of the Form IAP-66; and
(2) A notification copy of such form to the Agency.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":
TITLE 22--FOREIGN RELATIONS
CHAPTER V--UNITED STATES INFORMATION AGENCY
PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents
Subpart C--Status of Exchange Visitors
Sec. 514.42 Transfer of program.
(a) Program sponsors may, pursuant to the provisions set forth in
this section, permit an exchange visitor to transfer from one designated
program to another designated program.
(b) The responsible officer of the program to which the exchange
visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program
eligibility;
(2) Execute the Form IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, the responsible
officer of the program to which the exchange visitor has transferred
shall provide:
(1) The exchange visitor his or her copy of the Form IAP-66; and
(2) A notification copy of such form to the Agency.
more...
pictures Joelle+mineral+makeup
hopefulgc
05-26 06:57 PM
I can confirm that .. i have been trying for the past 4 weeks and NOTHING... always says "no dates available".
Now, the VFS site is giving the error "No dates available" for visitor visa. Even if you opt for an emergency appointment option, you still get the same error.
Are others facing the same issue? Is something wrong with this site?
Now, the VFS site is giving the error "No dates available" for visitor visa. Even if you opt for an emergency appointment option, you still get the same error.
Are others facing the same issue? Is something wrong with this site?
dresses Ahava`s Mineral Foot Cream
gc28262
07-29 11:04 PM
I don't think that dude knows what he is talking about. Anyway EB1 cases ARE separate from EB2/EB3 and ARE adjudicated separately than the rest. That's why it is current and I don't know what more that dude wanted...Just few months here and there in adjudication process of EB1 cases...so what? In this whole mess of years and years of waiting for others, what's the big deal?
This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
more...
makeup Natural Moisturizing Factors
Sirisian
08-28 03:27 PM
I'd like to see a zombie and a zombie hunter smilie. That would be sweet. I'm still working on a smiley to enter.
//Edit here...
Actually can someone make this smaller? I'm not a very good pixel artist so I just shrunk a stargate and edited it so that the chevrons showed up. It's a little goa'uld standing at the gate with glowing eyes. Doesn't show up on my CRT. Someone with an LCD might be able to see it. Also the gate doesn't look pixelated like it should.
http://www.kirupa.com/forum/picture.php?albumid=25&pictureid=103
//Edit here...
Actually can someone make this smaller? I'm not a very good pixel artist so I just shrunk a stargate and edited it so that the chevrons showed up. It's a little goa'uld standing at the gate with glowing eyes. Doesn't show up on my CRT. Someone with an LCD might be able to see it. Also the gate doesn't look pixelated like it should.
http://www.kirupa.com/forum/picture.php?albumid=25&pictureid=103
girlfriend Borghese
desidude
07-22 12:12 AM
sundarpn,
I had the same questions and clarified with my attorney.
1. Yes, you can change your job after 180 days, as you get the portability. Your 485 will remain good standing.
2. Yes, you can extend.
3. Doesn't matter who your new employer is, you can still sponser your wife when dates are current in the future, provided your wife should be living in US then.
Nave_Kum,
I don't understand your post. can you explain?
I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing
2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).
3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]
I had the same questions and clarified with my attorney.
1. Yes, you can change your job after 180 days, as you get the portability. Your 485 will remain good standing.
2. Yes, you can extend.
3. Doesn't matter who your new employer is, you can still sponser your wife when dates are current in the future, provided your wife should be living in US then.
Nave_Kum,
I don't understand your post. can you explain?
I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing
2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).
3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]
hairstyles Borghese Night Care
webm
04-08 11:10 AM
Please see my signature for details.
__________________
PD - Oct 1st 2001
140 AD-Sep'2005
I-485 - RD - 2007 June 25th.--TSC
__________________
PD - Oct 1st 2001
140 AD-Sep'2005
I-485 - RD - 2007 June 25th.--TSC
sumansk
06-30 02:36 PM
Babloo Bhaiyye...
Even I am very positive and I am hopeful everything will be fine..
Everyone please use our combined CONCIOUSNESS to affect the adverse decison from DOS or USCIS..
Thanks and stay positive and spread the POSITIVE ENERGY by use of our subconcious ENERGY....IT IS A MAGICAL ENERGY...
Even I am very positive and I am hopeful everything will be fine..
Everyone please use our combined CONCIOUSNESS to affect the adverse decison from DOS or USCIS..
Thanks and stay positive and spread the POSITIVE ENERGY by use of our subconcious ENERGY....IT IS A MAGICAL ENERGY...
mmanurker
06-17 01:24 PM
I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
1. Shift to some other status like H4
2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.
But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.
This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.
Assuming that his Labor does not get approved before his I-94 expiry:
1. Moving to H4 can only help him to stay in US but staying on H4 for few months and then trying to get H1 extension beyond 6 yrs is not possible....this is my understanding
2. Moving out of US is the only option in case of labor still pending.
1. Shift to some other status like H4
2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.
But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.
This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.
Assuming that his Labor does not get approved before his I-94 expiry:
1. Moving to H4 can only help him to stay in US but staying on H4 for few months and then trying to get H1 extension beyond 6 yrs is not possible....this is my understanding
2. Moving out of US is the only option in case of labor still pending.
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