Extension related

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usavisa

Registered Users (C)
My 6th year H-1B VISA can be extended only by 3 months. My visa expires in September. If I file for another 3 month extension , say in July, will I get it in time? What happens if I dont get my extension within 3 months. will my stay become illegal?
 
usavisa said:
My 6th year H-1B VISA can be extended only by 3 months. My visa expires in September. If I file for another 3 month extension , say in July, will I get it in time? What happens if I dont get my extension within 3 months. will my stay become illegal?
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you need to provide your full history of your H1, entry to US dates and stay out of US. if LC filed by Employer, if I-140 approved.

*** Fyi one can stay till I-94 is valid and has job or if Extension filed and till the extension approved with I-94 attached.
 
Extension Related - Details

Please find below current situation and possible options. Pls let me know if any of the option is feasible.

Current Situation : VISA valid till Aug 30th, 2011. Can be extended till Dec 31, 2011. After Dec, H-1B 6 year ends.

PERM will be filed in March 2011.

Scenario 1 : What happens when I apply for extension in August, and I dont get the response back from USCIS until Dec end. Can I stay beyond Dec and will be it legal?

Scenario 2: Say my PERM does not come by December and I dont get till I-485 status before December. How can I extend my VISA beyond December?
On what basis?

What is the best case scenario for me?
 
usavisa said:
Please find below current situation and possible options. Pls let me know if any of the option is feasible.

Current Situation : VISA valid till Aug 30th, 2011. Can be extended till Dec 31, 2011. After Dec, H-1B 6 year ends.

PERM will be filed in March 2011.

Scenario 1 : What happens when I apply for extension in August, and I don't get the response back from USCIS until Dec end. Can I stay beyond Dec and will be it legal?
-------H1 extension with USCIS can be filed 6 months before I-94 expiry date or Extension Petition must reach USCIS Before I-94 gets expired. if your extension can be only till Dec 2011 then USCIS will approve till Dec 2011 and you will get I-94 attached with extension approval notice till Dec 2011. if I-94 is valid till Dec 2011 and you stay After I-94 expiry in US that will be illegal stay.
Scenario 2: Say my PERM does not come by December and I don't get till I-485 status before December. How can I extend my VISA beyond December?
On what basis?
--------------Extension after December 2011 is only possible if your LC is pending more than 1 year or I-140 approved or I-485 pending.


What is the best case scenario for me?
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--- if you have time spent out of US then you can recapture that time when file H1 extension.
 
Thanks for your reply. My last question, and probably the most important one.

If my PERM is filed in March 2011, what are the chances of getting to I-485 pending stage? Options are 1) Highly likely 2) Highly unlikely 3) Depends on EB1/EB2/EB3 filing category
 
usavisa said:
Thanks for your reply. My last question, and probably the most important one.

If my PERM is filed in March 2011, what are the chances of getting to I-485 pending stage?
------it depends when PERM gets approved and when I-140 is applied ,gets approved and then PD needs to be current to file I-485. nobody can make guess.

Options are 1) Highly likely 2) Highly unlikely

3) Depends on EB1/EB2/EB3 filing category
------ EB1 should be current. I don't know your country of Birth and don't know if you are eligible for EB1.
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