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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109680
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Please read my requirement carefully - - I am on H1- 6th

Customer Question

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: 1 month ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

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.

Expert:  Guillermo J. Senmartin, Esq. replied 1 month 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.

Expert:  Guillermo J. Senmartin, Esq. replied 28 days 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!