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possibility of H1-B extension within 2 mths final expiration

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  • possibility of H1-B extension within 2 mths final expiration

    Do any of you know whether there is a possibility of H1-B extension within 2 mths final expiration? Already worked for five and half years in H1_B status. COmpany decided to start process to petition for greencard but was told by immigration laywers that deadline to file for extension was 1 year prior to expiration of current permit. I need some serious advise.

  • #2
    Do any of you know whether there is a possibility of H1-B extension within 2 mths final expiration? Already worked for five and half years in H1_B status. COmpany decided to start process to petition for greencard but was told by immigration laywers that deadline to file for extension was 1 year prior to expiration of current permit. I need some serious advise.

    Comment


    • #3
      DenS,

      You are allowed a total of six years in H-1b status. Extensions are automatice pending adjudication. This means that as long as the petition is submitted before the current H-1B approval notice expires you will be fine. I personally try to make sure they are RECEIVED by USCIS before the expiration date which means you should file the extension about 2 weeks before the current I-797 approval notice expires.

      The bad news is that your employer can only ask for six more months if you have already spent 5 1/2 years in H-1B status. Had your employer filed for the green card one year prior to the expiration of your 6th year in H-1b status (end of the 5th year) you would have been eligible for H-1b extensions beyond the sixth year pending green card approval. In your case this means if the I-140 and then subsequently the I-765 filed with the I-485 are not approved by the time the H-1b expires you have to stop working until they are.

      The good news is that they are processing I-14O's much more quickly these days especially if they are based on a PERM labor cert. Note that while the I-140, I-485 and I-765 (and I-131 if desired) can be filled concurrently they are NOT processed concurrently. This means you have to wait until the I-140 is approved before you can be sure they have started adjudciation of the I-765

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      • #4
        Can he even file the 7th year extension when the LC is not even filed? Even with PERM I doubt he can get LC approval in 2 month time (providing the lawyer do everything right).

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        • #5
          No he can not file a 7th year extension and I did not mean to imply he could. Based on the information provided, he has six months of eligible H-1b1 status remaining. His ability to work after that must be based on employment authoriztion (EAD) awarded in conjunction with his pending PR appliation.

          He will more than likely have to stop working for a period of time, but I believe it won't be as long as it used to be thanks to PERM. That may be the first time I ever said 'thanks to PERM" tee hee

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