Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Regarding 6 year Rule -------------------------------- I…

Customer Question
For Judith ---------------------- regarding 6 year Rule -------------------------------- I...
For Judith
----------------------
regarding 6 year Rule
--------------------------------
I have heard recently that there is a rule going to pass in which everybody who has stayed more than six years in USA on H-1B (insptite if their I-140 approved status and don't have EAD/GreenCard yet ) will have to go back to their country.Question 1: Is that true? If yes.
A. What is the expected month/year of the rule to be active.
B. Can that person come back on Same, H1B again after 1 year.
C. Can that person come back on
i. New approved I-797 on next year quota, with New H1-B stamping against this new I-797.
ii. New approved I-797 on new year quota, on old unexpired H1-B stamping with new I-797 petition.
iii. How long he can stay on this New H1B in either case of Question : 1.C.i. or 1.C.iiQuestion 2.If this is not true, What is the scenario.
Submitted: 8 months ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 13 hours by:
12/18/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,034
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 months ago

Greetings,

I had not read anything in our AILA daily updates on proposed changes to AC21 to eliminate the section on extensions beyond the 6th year.

It is impossible to predict what may come. There has been much talk about revamping the total H1B program as Trump seeks to reduce the number of both nonimmigrants and immigrants. He is totally against foreign workers under his "make America great again" slogan.

After you posted this question I went to AILA's member website and research for any pending proposed regulations to H1B or AC21. There are none.

Since changes to the AC21 regulations is agency action and not congressional action on new laws, the congress is eliminated from creating new law.

It is totally up to DHS in proposing such amendments. We just have to wait and see. Guessing is fruitless since it is like reading a crystal ball or reading palms. Pure speculation.

I could not even begin to speculate what may happen other than we can expect changes to be proposed by DHS.

If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,034
30,034 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

Judith Ludwic 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

4,009 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

51,402 satisfied customers

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

< Previous | Next >

Related Immigration Law Questions
I need advise on my L1- extension denied on Dec 27, 2017
I need advise on my L1-B extension denied on Dec 27, 2017 whereas my I-140 was approved in Dec 16, 2016 … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Judith, My friend got a job in Hong Kong and he wants to
For Judith ------------- Hi Judith,My friend got a job in Hong Kong and he wants to stay there for 1.5 years and come back to USA on h1 of any company.He has I-140 approved or more than 6 months. He h… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
J.D.
30,034 satisfied customers
FOR GUILLERMO J SENMARTIN, Esq I am on h1b with I 140
FOR GUILLERMO J SENMARTIN, EsqI am on h1b with I 140 approved. My h1b is valid till june 2019 so as my wife 's h4 ead. I am planning to change my employer.1. When my new employer files h1b transfer, m… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Madam, I am on H1B visa and I have 140 approved from my
Dear Sir/Madam, I am on H1B visa and I have 140 approved from my current employer. My wife also working on H1B and she also has 140 approved through her employer. Since my H1B is expiring on Dec 2016,… read more
Taylor
Taylor
Attorney
Juris Doctor
214 satisfied customers
My Basic Information: Working visa Info: - H1b holder and
My Basic Information: Working visa Info: - H1b holder and been laid off on Oct 2015, company filed h1b withdraw request - H1B is in 6-9 year extension and will be expired on 2017 Green Card Applicatio… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I'm planning to travel back to France. My H1- expired
Hi, I'm planning to travel back to France for Christmas. My H1-B expired end of August and extension is still pending. I'm also in the process of getting a Green Card. The I-140 and I-485 are still pe… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I am currently on H1B valid until 4th Feb 2018. However
Hi, I am currently on H1B valid until 4th Feb 2018. However my employer will be terminating my employment on 23rd June. My husband's company will be applying for change of status for me to move from H… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Michelle, My H1 with I-94 expires today and my LCA just got approved today. My lawyer w
Hi Michelle, My H1 with I-94 expires today and my LCA just got approved today. My lawyer will fill the H1 renewal tomorrow. So I am late by 1day. Will cause the H1B to be denied?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
, 1. Is the new H4 ead rule applicable to H1 to H4
Hi , 1. Is the new H4 ead rule applicable to H1 to H4 conversions also? My wife is currently working on H1 , she wants to convert to H4 and work on the EAD if its possible 2. How long can an old emplo… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Hello lawyer, i came to US in 2005 in H4 visa status and
Hello lawyer, i came to US in 2005 in H4 visa status and on 01/2011 i had COS to F1 and i had COS to H1 from F1 on October 1 2013. From April 2014 again i had COS as H4 and i am currently on approved … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Hello, I am India right now. I have my I140 approved with
Hello, I am India right now. I have my I140 approved with employer A in Aug 2012 with priority date as April 2012. My H1b petition is revoked by Employer A on Sept 24 2013, I have a valid Visa till Se… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
My Ex who was on EAD/AOS at the time of our divorce claims
My Ex who was on EAD/AOS at the time of our divorce claims that she had to file for H1 visa to maintain her legal status. She got her visa petition approved via a immigration SHAM Company which take m… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I am here on H-1B visa, my extension just got approved and
I am here on H-1B visa, my extension just got approved and I am planning to go on a christmas trip to Thailand. My AOS is pending and I just got travel document, do I need to do H-1B visa stamping whe… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
J.D.
30,034 satisfied customers
I was working on OPT with a former employer and they sponsored
I was working on OPT with a former employer and they sponsored me working visa H-1B after my OPT finishes around July 2009. However, I decided to go back to pursue another graduate degree in September… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
J.D.
30,034 satisfied customers
hi, i have a question regarding my I-797 form. I have joined
hi, i have a question regarding my I-797 form. I have joined a new company and they have applied for my H1 transfer from my old company on oct 3, 2008. I have the valid H1B I-797 approved original for… read more
Alfredo Murga, Esq.
Alfredo Murga, Esq.
Law Firm Partner
Doctoral Degree
12 satisfied customers
Hi,Here are my Details Current Status l1-B Applied for
Hi,Here are my Details : Current Status : l1-B , Applied for the new H1B petition from the consultancy and have got the I-797 (A) with out the I-94#.effective October-1 2008. here are my Q's :A: Can I… read more
Leena R. Kamat, Esq.
Leena R. Kamat, Esq.
Attorney
Doctoral Degree
44 satisfied customers
Hi - My fiancee is currently in USA on a L1A visa stamped ...
Hi - My fiancee is currently in USA on a L1A visa stamped on her passport valid until Sep 2009 with employer A( a big firm).Employer B ( a small firm) filed for a L1 to H1B with change of status and i… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
Can I enter US with valid H1 visa stamp & new employers I79
I have a valid and unexpired H1 visa stamp. Can I enter the US using this stamp (annotated to my previous employer) and the new I797 notice of approval? I have never traveled to US on my existing visa… read more
EMJ1219
EMJ1219
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 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