Applying for Consular Processing with H1B 6yrs getting over – help please.

[GCRir1]

Hi,

I am in the process of applying for I140 using Labor substitution.
My 6th year H1B expires in April 2004, thus having close to
9 months on the visa. I will also be applying for 7th year extension.

Can you please suggest, if I140 with CP option will be better than I140 with AOS in the above situation. Please reply.

 

[sv4G]

Originally posted by GCRir1
Hi,

I am in the process of applying for I140 using Labor substitution.
My 6th year H1B expires in April 2004, thus having close to
9 months on the visa. I will also be applying for 7th year extension.

Can you please suggest, if I140 with CP option will be better than I140 with AOS in the above situation. Please reply.

Hi:

I don't think going for CP is a problem at this stage. You said, u still have 9 months left right...? This period is more than enough to go and get CP done. Currently, it is taking about 6 - 7 months time to process a case which includes CP interview in India. When it comes to i485... there is a big backlog hanging around... Anyway call is yours... Best of luck....

sv

 

[cannon576]

I dont know if its a good idea. I am not sure if you will be able to extend for 7th year, if your I-140 gets approved and you are waiting for your CP interview, since I-140 or I-485 is not pending. So, as long as your I-140 is pending at the time of your h1 extension application, you can extend for a year (better to use premium processing if TSC or CSC). But if you dont get cp interview before april 2005, then you might be in trouble, as you may not be able to get 8th year extension.
Lets say it takes a year to process I-140 (including time at state level for substitution) then you would start cp process from July 2004.
CP process takes 6-9 months usually. So, you might get interview between Feb- april 2005. If you get any complications, then it will be after april 2005. If you cannot extend for 8th year, then you may have to return to your home country until the interview time.

I am not an expert. So, You may want to consult a good attorney.

 

[Raju595]

Originally posted by GCRir1
Hi,

I am in the process of applying for I140 using Labor substitution.
My 6th year H1B expires in April 2004, thus having close to
9 months on the visa. I will also be applying for 7th year extension.

Can you please suggest, if I140 with CP option will be better than I140 with AOS in the above situation. Please reply.

From your post I understand you have an approved LC and
you are about to apply for your I-140 or you have already applied.

Now you can actually apply for the 7th year extention based on
an LC which has been pending for more than 1 year. In your
case you already have that approved LC. So the extention would
be possible.

What it means is counting from today you have 10 months to
complete your I-140 and the CP process within your 6 year limit
without applying for the 7 year extention.

If your I-140 process goes through very fast there is a chance
(slim chance) you will get your CP done within this 10 months.

But most probably you would need the extention. Just file
the I-140 first, then talk to the attorney about the extention.

Whether to go for the cp or the 485 is your call based on the
time lines and is not a factor to tie to your 7th year extention.

Raju

 

[kkulkar]

GCRir1 and others

Hi Guys!

I was reading the original signed AC21 law and here what it says:

Section E Point 106 permits H1B Non-immigrantants to obtain visa extension beyong max. 6 year period when,

1. H1-B is a beneficiary of EB1 Immigrant Petition filed or an application of adjustment of status

2. 365 days or more have passed since the filing of labor application or EB Immigration Application petition.

So I think, there should not be any problem extending the visa.

Guys please post your expert views on this information

 

[GCRir1]

Hi Cannon576, Raju595 & kkulkar,

Just wanted to thank you all so far for your replies & information.