Consular processing and 7th year H1b

G

gan2003

Registered Users (C)
Hi there,

My I485 currently is filed and I have one year left on my
H1 before I hit the 6 year limit.

I am thinking of converting to consular processing.
Does it make sense to do it? I am worried whether
I can apply for the 7th year H1b extension if I
convert to CP.

Will really appreciate any responses.

thanks

gana2003
 
gan2003,

If you proceed with AOS, you may obtain EAD which will negate the need for a H1b. However if you choose CP at this stage, there are 2 alternatives. If your local american consulate accepts AC140, you are in luck. My guess is you will finish CP within 5-7 months. If they don't accept AC140, you will have to wait until you obtain an approved I824, and then go thru NVC which may take more than a year depending on your local INS center. In the second scenario, you may have to apply for a 7th year extension of H1b. You may also try to get the EAD and then proceed with the CP option- that route is a little cumbersome- INS may revoke your EAD once the I 824 is approved and your I140 is sent to NVC (which automatically stops your AOS) Consult your attorney and research this forum thoroughly. Good luck:)
 
hi Rajeev,

Thanks for the inputs. Just to clarify, if the CP does get delayed beyond 1 year from now, does it mean that I am allowed to file for 7th year H1?


thanks,

gan2003
 
If your petition has been pending with the INS you are allowed to extend your H1b for

a 7th year. Usually this applies to I140 or I485. If you go for CP, your appln will be with the state dept; check the h1 b threads and the AOS threads to research and consult an attorney! Good luck.
 
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