H-1B amendment + extension

[bllau]

My H-1b will expire in Feb 2004. I can extend to March 2006 for the 6-year limit. Since I plan to go out of country in Jan 2004, I am thinking of starting the amendment + extension now, rather than waiting for Dec 2003 to apply for extension because according to my lawyer, I only can apply extension within 60 days of expiration. Either I apply now or later, I will still get the March 2006 for my H-1B. In order to avoid the last minute wait and premium processing, my friend told me I can 'trick' the system by applying amendment and extension. My salary changed 3% and job responsibilities changed. Would I have any problem from INS applying for amendment + extension now? Please advise.

 

[Jim Mills]

He is correct that you could apply for an extension and amendment now. He is incorrect about the sixty days, you can apply anytime within 180 days of expiration, so, you would be eligible to apply in August 2003.

 

[bllau]

Thanks Jim!