Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Please read my requirement carefully - - I am on H1- 6th…

Customer Question
Hi,Please read my requirement carefully...
Hi,Please read my requirement carefully -- I am on H1-B 6th Year running, to complete 6 yrs i have 4 months in hand
- at present i am working remotely to save my 4 months
- my dependents are in US
- My dependents are in 5th year
- my present VISA stamped is valid till Nov 9th, 2017Question -
- Can i apply for Extension from remote, while my depedents are in US?
- Can my dependent stay in US and me in Indian while Extension is applied?
- Once i get extension approved, but i do not travel / not go for stamping ; after extension expire Can i again apply for extension using recapture days (if i do not travel to US in previous exntesion)?
Submitted: 8 months ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 5 minutes by:
9/11/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,468
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

Sorry for the delay. I am in Miami and we just went through a hurricane so my connection has been spotty. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Let's go one by one:

- Can i apply for Extension from remote, while my depedents are in US?

You can file a new I-129 asking for a recapture of those 4 month, but if you are outside of the U.S., you cannot "extend your I-94". Your dependents will need to file an I-539 to extend their status but their statuses will not be extended until you get an approval of your new I-129.

- Can my dependent stay in US and me in Indian while Extension is applied?

Yes, up until a certain point. When that will be I cannot say. That's up to USCIS. If they file their I-539 forms to extend before their stay expires, but your I-129 ends up taking too long, like maybe more than 5 or 6 months, USCIS may deny their I-539s or they can hold them in abatement until your I-129 is approved. I cannot guarantee you that one or the other would happen nor can I tell you which is more likely to happen. If Premium Processing is reinstated, then you should use it to get a decision quickly which would help your derivatives. Unfortunately, I also cannot tell you when they will reinstate Premium Processing for H-1B.

- Once i get extension approved, but i do not travel / not go for stamping ; after extension expire Can i again apply for extension using recapture days (if i do not travel to US in previous exntesion)?

Yes, technically you could, but I think that may put your derivatives at risk because it would be obvious that you are just getting new recapture approval to keep them in legal status in the U.S. I wouldn't risk that more than once.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,468
112,468 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

112,468 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
Is 240 days rule is applicable for h1b visa transfer? I am
Is 240 days rule is applicable for h1b visa transfer? … read more
Edward Young
Edward Young
Juris Doctor
402 satisfied customers
My visa is expiring and my wife is pregnant, What should i
My visa is expiring and my wife is pregnant, What should i do? Need advice urgently. Dear Lawyers, I'm in a terrible situation, i'm currently on L1B which is expiring on March 15 2012. My employer wil… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,468 satisfied customers
My H1B extension petition is denied and I am trying to
Hello, my H1B extension petition is denied and I am trying to evaluate my options to continue my stay here as I cannot leave immediately. Could you please help me figure out my options?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,468 satisfied customers
What is the current H1B to H4 change of status processing
What is the current H1B to H4 change of status processing time in California service center? The USCIS website shows 2.5 months but I have read on online forums that it takes much longer than that. Pl… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Hi, I have resigned my current employer based on H1B fedex
Hi, I have resigned my current employer based on H1B fedex receipt and joining new employer without the H1B transfer USCIS receipt, my H1 B transfer has been filed to USCIS, I have fedex receipt. Is i… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,468 satisfied customers
I have a query regarding the H1B transfer while an amendment
I have a query regarding the H1B transfer while an amendment in progress. I am with employer A and have a valid I-94 and H1B valid until Jan 2019 for Client 1 . In Feb 2016 , since there was a client … read more
Expert James
Expert James
Doctoral Degree
12,131 satisfied customers
Can I travel out of USA without I-94, I lost my I-94 and I
Can I travel out of USA without I-94, I lost my I-94 and I have some urgent situation to go out of US and come back in 2 weeks.… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,468 satisfied customers
Can we change status from B1b2 visa to R1 and remain in USA
Can we change status from B1b2 visa to R1 and remain in USA while it is processing, even if the I94 expires?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,468 satisfied customers
Please read my requirement carefully - - I am on H1- 6th
Hi,Please read my requirement carefully -- I am on H1-B 6th Year running, to complete 6 yrs i have 4 months in hand - at present i am working remotely to save my 4 months - my dependents are in US - M… read more
Expert James
Expert James
Doctoral Degree
12,131 satisfied customers
Guillermo, Hope you are doing good, and thanks for helping
Hi Guillermo,Hope you are doing good, and thanks for helping with a query regarding my wives visa back in 03/2016. It really helped us a lot.I have a question regarding my visa.My entire H1 visa perio… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,468 satisfied customers
Sub: H1 extension beyond 6 years: and I have a question
Sub: H1 extension beyond 6 years:Hello, My name is***** and I have a question regarding my H1B extension beyond six years. My employer is yet to file PERM. They have filed PERM prevailing wage request… read more
Expert James
Expert James
Doctoral Degree
12,131 satisfied customers
I am working with Organization A on L1- Visa and vaild I94
I am working with Organization A on L1-B Visa and vaild I94 till Feb 2017. My organization A is filling H1B application for me for 2017 under change of status category . Organization A has filed labor… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,468 satisfied customers
My current H1 expires on April 5th 2016. And I have only 30
My current H1 expires on April 5th 2016. And I have only 30 total days(recapture time) left on my H1 visa's 6 years quota, to apply for a new H1 extension, which ends on May 5th 2016. If my employer f… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,468 satisfied customers
Hello, I am on H1 Visa on my 6th year and valid til Aug
Hello, I am on H1 Visa on my 6th year and valid til Aug 2013. I am working in a firm who are not processing my GC but I am switching to a new firm who started the GC process. They would file for my La… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
1. Do vacation out of country and period on H4 visa count towards
1. Do vacation out of country and period on H4 visa count towards the 6 year quota? Based on my data how much time is left in my H1B? 2. Suppose I go on vacation out of country for 2 months in my 6th … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I received my first ever I-797 approval on October 1st 2004.
I received my first ever I-797 approval on October 1st 2004. I have been continuously employed since then till March 31st 2009. I am on H4 and planning on starting a new job soon and I wanted to clari… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
1I am in US and my current H1B expires Nov 6, 2009 (including
1I am in US and my current H1B expires Nov 6, 2009 (including recapture time) with employer A and A is not applied for my GC. 2. Employer B, consultancy firm, GC sponsor, filed PERM on Oct 16 2008, go… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I got my first one year L1-B Visa in Sep 30 2004. I entered
I got my first one year L1-B Visa in Sep 30 2004. I entered USA on Jan 10 2005 and stayed in USA till Sep 28 2005. I went back to India after that and was working with my employer in india. I got my s… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x