Extending H-1beyond 6yrs.

[gmadn]

My H1 expires in May 2001 (6yrs.).

I have applied for my GC in Oct of 2000. Will I be able to extend my H1 1yr. at a time if my LC is approved and I file for my I140 or will I have to wait for my I140 to be approved?

 

[Puru]

No Title

I am on the same boat. My H1B also expires in May 2001(6yrs.). I may be able to extend for 2 to 3 months I spend out side the US.

I have applied for my LC in end of October,2000 and hoping to be approved by end of Jan or Feb. I am going through Boston, MA region. I was told Labot Dept. is moving fast these days???

My concerns are:

1) Will I be able to extend my H1 1yr. at a time if my LC is approved and I file for my I140 or will I have to wait for my I140 to be approved?

2) If I can not extend my H1 then can the new law (245i) applies to me so I can wait in side the US to hear my case, rather than move out of US or the 245i is only for out of status people?

3) Can I change my visa to F1 or B1 and still have my GC application
process going?

Any answers and advise are appreciated. Thanks!

 

[johny]

No Title

Under the new law, A 1 year extension of H1 beyond 6 years will be given if labour certification was filed and receipt notice was recieved before 365 days.

(Disclaimer applies. Please contact lawyer for further details.)

 

[gmadn]

No Title

It looks like

1. You can extend our H1 if we get to the end of I140 and our priority date is not current so we have to wait to file for the I485. The other option of course if it has been 365 days since you filed for your labor etc.

2. You can change your status to F1 and still have your GC continue to be processed. The GC process could be going on even if you are back in your home country.

(Disclaimer: This is my understanding. Please consult your lawyer before making any decisions)

 

[Tom B]

No Title

In my understanding, 245(i) only applies if you are OUT OF STATUS. This is what my attorney told me. Hence, in my opinion it is risky.

Disclaimer applies.

 

[Krisna]

No Title

Pls help.....

I am with company A & got my I140 approoved almost a year back
I can\'t file my I-485 because PD isn\'t current.
one & half year left for H1 ( of the 6 year time period )
Now the questions I have are

1) If I move to company B, From which process do I have to start from
   is it from LC or is it from I140?

Any comments or suggestions will be highly appreciated

-Krishna

 

[gmadn]

No Title

It is my understanding that you will have to start the process from the LC stage. The only thing you will be able to save is the priority date.

I do not know if the new laws changes anything in this regard.