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6 Years Expiring
- Thread starter kamma
- Start date
basically yes. any one can stay after filing i485 until it is adjudicated
but your statement and questions are contradicting. it is not clear whether you talk about your issue or your friend. anyway.....
yes. one can legally stay in usa after filing i485 until it is adjudicated. note that you/your friend may not be able to work without either h1 or ead.
but your statement and questions are contradicting. it is not clear whether you talk about your issue or your friend. anyway.....
yes. one can legally stay in usa after filing i485 until it is adjudicated. note that you/your friend may not be able to work without either h1 or ead.
H-1B Professionals Approaching 6-Year Limit: What Are Options?
A) AC 21 :
As amended by DOJ Authorization Act: If a labor certification application is pending or I-140 is pending and 365 (oops!) day has passed, he/she can apply for H-1B extension indefinitely in one-year increment until the decision is made one way or another. If approved, it continues until the green card is approved. If denied during any stage of the employment-based proceedings (LC or I-140 or I-485), then H-1B is terminated and no extension is available.
B) 245(K) Relief:
Even with the exhaustion of the foregoing options, should he/she not be able to get the legal status extended, 245(k) provision should be used, which allows him/her to file I-140/I-485 concurrent filing inasmuch as the labor certification is approved in 6 months from the date of expiration of H-1B status. This law forgives out of status or unauthorized employment for less than 6 months for the purpose of filing I-485 application. He/she does not even have to pay $1,000 penalty which is required in 245(i) cases.
Cabeat: Even if one is eligible for 245(k), he/she remains "illegal" until I-485 is filed and can be arrested and deported. Once I-485 is filed and receipted, he/she remains in status until I-485 is decided. This is analogous to the H-1B person who loses the job and after a short period files a new H-1B petition through a new petition. If "extraordinary circumstances" is established, the INS can approve such new petition, but until the decision is made, the H-1B alien remains an "illegal" alien and can be arrested and deported. Another example is 245(i). Once I-485 is filed and receipted using 245(i) relief, the alien remains in status, but until I-485 is actually filed, he/she can be arrested and deported.
C) Application for Change of Nonimmigrant Status:
If one is not eligible for any one of the foregoing options, he/she should file I-539 applications timely to maintain the legal status until the labor certification is approved. Once labor certification is approved, one can file one-step I-140/I-485 quickly and continue the legal status and get the EAD for work. Under the law, the alien maintains a legal status pending a nonfrivolous application for change or extension of nonimmigrant status until it is decided.
Source: http://www.immigration-law.com/
A) AC 21 :
As amended by DOJ Authorization Act: If a labor certification application is pending or I-140 is pending and 365 (oops!) day has passed, he/she can apply for H-1B extension indefinitely in one-year increment until the decision is made one way or another. If approved, it continues until the green card is approved. If denied during any stage of the employment-based proceedings (LC or I-140 or I-485), then H-1B is terminated and no extension is available.
B) 245(K) Relief:
Even with the exhaustion of the foregoing options, should he/she not be able to get the legal status extended, 245(k) provision should be used, which allows him/her to file I-140/I-485 concurrent filing inasmuch as the labor certification is approved in 6 months from the date of expiration of H-1B status. This law forgives out of status or unauthorized employment for less than 6 months for the purpose of filing I-485 application. He/she does not even have to pay $1,000 penalty which is required in 245(i) cases.
Cabeat: Even if one is eligible for 245(k), he/she remains "illegal" until I-485 is filed and can be arrested and deported. Once I-485 is filed and receipted, he/she remains in status until I-485 is decided. This is analogous to the H-1B person who loses the job and after a short period files a new H-1B petition through a new petition. If "extraordinary circumstances" is established, the INS can approve such new petition, but until the decision is made, the H-1B alien remains an "illegal" alien and can be arrested and deported. Another example is 245(i). Once I-485 is filed and receipted using 245(i) relief, the alien remains in status, but until I-485 is actually filed, he/she can be arrested and deported.
C) Application for Change of Nonimmigrant Status:
If one is not eligible for any one of the foregoing options, he/she should file I-539 applications timely to maintain the legal status until the labor certification is approved. Once labor certification is approved, one can file one-step I-140/I-485 quickly and continue the legal status and get the EAD for work. Under the law, the alien maintains a legal status pending a nonfrivolous application for change or extension of nonimmigrant status until it is decided.
Source: http://www.immigration-law.com/
Need ur advice
Hi usnycus
My current H1 expired by JULY-2004,but my 6 yrs on expired only at MARCH-2005.
my Labor is pending more than 2 yrs in MD.It is in philly DOL(philly received date sep-19-2003),
what if my labor approver after march-2004,let say i am applying I-140(after march-2004), but I dont have 1 yr I140 pending at that time. So I could not apply 7th H1 extension.is that right
Now I have labor pending more than 1 yr,any way I have to apply for H1 for my 8 months period
JULY-2004 to MARCH-2005, can I request for 7 th yr extension with that.
if Labor approver before MARCH-2004 & i applied I140, I will be safe. thats what I am thinking.
please reple me. Reply is appreciated.
Hi usnycus
My current H1 expired by JULY-2004,but my 6 yrs on expired only at MARCH-2005.
my Labor is pending more than 2 yrs in MD.It is in philly DOL(philly received date sep-19-2003),
what if my labor approver after march-2004,let say i am applying I-140(after march-2004), but I dont have 1 yr I140 pending at that time. So I could not apply 7th H1 extension.is that right
Now I have labor pending more than 1 yr,any way I have to apply for H1 for my 8 months period
JULY-2004 to MARCH-2005, can I request for 7 th yr extension with that.
if Labor approver before MARCH-2004 & i applied I140, I will be safe. thats what I am thinking.
please reple me. Reply is appreciated.
Thank you usnycus
thanks for ur valuable input.
thanks for ur valuable input.
Originally posted by usnycus
You will be safe as long as LC/140 doesn't get rejected.
Once LC is approved, you don't need to worry about H1 (though it's good to have one during AOS stage). You can always apply for EAD/AP with your 140/485 application.