H1B extension after 6 years - confused!

S

snowns

Registered Users (C)
I have read conflicting information re: extending my H1B status and need to know before I spend $1000 for premium processing:

Do I have a chance at getting my 7th year H1B approved?

My current H1B expires July 31, 2007.
I have DOL approval and have my I-140 ready to file with Premium Processing. When (hopefully) it gets approved, I will file I-485.
I will need to extend H1B while waiting for I-485 approval.
I am EB3.
 
May be yes if I140 got approved.
If I-140 did not get approved in time, it depends on when LC was filed.
 
Thanks for your reply.

What do you mean by "in time"? Do you mean before my current H1B status runs out?

With Premium Processing, the I-140 will be approved (hopefully, if no RFE happens) by mid-April.

I did not get the LC in before the end of my 5th year.
 
Thank you!

Thanks so much for the information, GotPR? !

I have researched the 104(c) information on the internet and the April VisaBulletin and this is what I've concluded:

EB3 applicants for visas from August 1, 2002 are currently being processed, or given immigrant numbers. Which means - no number is available for me at this time.

Because no number is available to me at this time, I should be able to extend my H1B once my I-140 is approved. Which, with Premium Processing, and no RFE, could happen as soon as mid-April.

At that time, I will submit my I-485, no numbers will be available, and, as 104(c) states, I will be able to extend my H1B.


Does this sound accurate to you?
 
What you said for H1 and I-140 is correct, but note you can not file I485 until cutoff date on visa bulletin catches up your priority date(LC filing date).
 
So I will get a 3-year H1B extension and renew it as many times as necessary until my PD is current. Which based on current Visa Bulletin will likely be 3-4 years from now.

You have been SO helpful.

This forum is really great - it is good work that people are doing here.
 
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