When 6 years of H1-B expire and you don\'t have GC...

T

TRS

New Member
Hi,

    I\'m 6 months away from exhausting 6 yrs limit on H1-B. My company has applied for Labor Certification in May 2001 but state has not been processed it yet.
    What are my options if 6 yrs expire and Labor Certification is still not processed? Are there any other options if Labor Certification does come through and if I apply for I-140?

Thanks...
 
Options

If you are REALLY running out of H-1 time (speak to your attorney about this because you may not really be at the 6 year limit) you need both a Priority date more than 365 days old AND a pending or approved I-140. So, If your LC is not approved and you run out of time, you will either need to leave the US or come up with some creative way to extend your H-1 or switch to another status. If your LC is approved, you can file an I-140 and extend your H-1 year-by-year.

Jim

James D. Mils
Attorney at Law
jdmills@justice.com
732-644-5702
 
How to extend or switch to another status?

My H-1 expires in early 2003 and LC was filed in Oct 2001. How can I extend my H-1 so I can get time to apply for I-140 and get early extention? Will changing from H-1 status to Student (F-1) visa help? If I do change to F-1, can I change it back to H-1 after LC is approved and I-140 is filed? My employer is willing to employ me anytime I\'m eligible to work in US.

I would really appreciate your suggestions. Thanks in advance.
 
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