6 years expiring; Can I convert to H4 ?

R

Ramesh Maddipoti

Registered Users (C)
Hi, My 6 years on H1 expires by December, 2002. My wife is working. Can I apply for H4 visa ? If not, could you folks suggest what is the best way for me to stay. My Labor certification (under EB2-RIR) got stuck in TN SESA since last 8 months (PD September, 2001). Advice from gurus please ?

FYI, I worked for another company and the green card through them is done until I140 stage. I spoke to the TN SESA about my current company\'s Labor certification application and they said it would be a while for my application to be processed.

Regards
Tennessee
 
Try to get 7th Yr H1 extension...

Even for Labor certification pending for more than 1 year, 7th yr extensions are allowed as per the AC21 memo.
H4 period is also counted towards the 6yr limit and so your H4 transfer will not help. You can go to other visas like f1 but will throw additional kinks in the process.
 
No Title

Ask your old employer if they would continue your I-485. You could join them after you got your Green Card through your old employer.
 
Can I file for 7th year extension evn if i fail to file I140 ?

Jaxen, Can I file for 7th year extension evn if i fail to file I140 ?

Mr.Mr. If my previous employer continues my 485, it seems INS is requesting for paystubs and W-2s ? Would it be a problem ?

Thanks
 
Yes you can...

See the AC21 text closely. There is a clause for long pending petition.
You can write to say that you will join your employer A after GC approval. You don\'t have to send the paystubs. Talk with your lawyer. Somtimes paystubs from employer B cannot do any harm, but I do not see what purpose will they serve. If you pursue your case through employer A it will be considered out of the ordinary, but can still be done.
I suggest you pursue both.
 
Jaxen, Can I file I485 with my previous employer

and continue my green card with my current employer. But at 485 stage with my current employer, (incase if the labor gets approved), Can i go for Consular processing ?

I want to make sure that would INS know by any means that I have 2 applications pending for Naturalization (485 or consular) ?
 
What happens in case my previous employer is

not willing to sponsor me in I485 stage ? Can I still file my 7th year H1B extension even though my current employer Labor certification is not approved and GC filed 365 days before 6 years expiry ? (PD september 4th, 2001 and H1B expiry date December, 2001).

Thanks a lot for all your earlier replies Jaxen.
 
What is the alternative if my old employer is

not willing to sponsor me in I485 stage ? Can I still file my 7th year H1B extension even though my current employer Labor certification is not approved and GC filed 365 days before 6 years expiry ? (PD september 4th, 2001 and H1B expiry date December, 2001).
 
Your old employer\'s willingness has nothing to do the 7th yr H1 extn.

You can file for H1 based on the second attempt for LC.
Others gave you the option of (also) pursuing 485 thru old employer.
 
My attorney says I need to file I-140 to get

a 7th year H1B extension even if my labor certification has been pending from last 365 days ? Is that true. Even Murthy.com says that ? I don\'t know what to believe.

Help appreciated.

Thanks
 
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