CP after LC substitution.

[trjgupta1]

Can someone please help me with these questions ?

I have about 21 months left for my H1 visa 6 year limit to expire in Jan.2006.

I have now got a job with a new employer who has agreed to do my labor certification substitution. I would like to apply for consular processing soon. Given the current processing times of I-140, it seems like I may get I-140 approval in about a year in April 2005 and then hopefully, CP interview in Mumbai in the next few months.

1) After I-140 approval, while waiting for CP interview, if my H1 is going to expire, will I need an H1 extension for my process to complete ?
2) Will I qualify for an H1 extension at that stage ?
3) Is it a better idea to go for the 485 route now instead of applying for CP in my case ?

I am not sure if there will be problem later on, which is why I am asking these questions.

Please help me....appreciate it.
Thank you.

 

[usnycus]

See Inline

Originally posted by trjgupta1
Can someone please help me with these questions ?

I have about 21 months left for my H1 visa 6 year limit to expire in Jan.2006.

I have now got a job with a new employer who has agreed to do my labor certification substitution. I would like to apply for consular processing soon. Given the current processing times of I-140, it seems like I may get I-140 approval in about a year in April 2005 and then hopefully, CP interview in Mumbai in the next few months.

1) After I-140 approval, while waiting for CP interview, if my H1 is going to expire, will I need an H1 extension for my process to complete ?
You need to maintain status if you decide to stay in US waiting for CP.

2) Will I qualify for an H1 extension at that stage ?
No. That is one of the advantages of going for I-485

3) Is it a better idea to go for the 485 route now instead of applying for CP in my case ?
It all depends upon individual. There are many advantages of I-485 over CP. Currently I-140 is taking over year and if you think your 6-year H1 is going to expire before you can schedule your CP, I would say go for I-485

I am not sure if there will be problem later on, which is why I am asking these questions.

Please help me....appreciate it.
Thank you.

 

[ImmigAttyLana]

If you are using a labor cert as a substitution and the priority date on that approved labor cert is more than a year before the expiration of your H-1B, you can rely on that for extensions of H-1B beyond the 6 years.