CP with 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.

 

[kd1403]

trjgupta:

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 ?

Answer: YEs you will need to file extension is that happens.
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2) Will I qualify for an H1 extension at that stage ?

Answer: YEs you will qualify whether I-140 approved and awaiting CP interview or I-140 pending! More than likely you will have your GC by then!

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3) Is it a better idea to go for the 485 route now instead of applying for CP in my case ?
Answer: If you meet all these conditions then CP is more suitable:
1. Job secured until cp interview date.
2. No criminal past in any country
3. No immigration violation or out-of-status exceeeding 180 days in usa
4. No communicable medical history

Research more but above 4 points are the highlights!
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