H1-B 6-yr extensions for I-140 dependents

M

MasterMinds

New Member
My 6yr H1-B expires 3/29/01 and my spouse has her I-140 approved (CSC, EB3) and waiting for I485 to become current, before she can file for it. I\'m filed dependent on her case.

I understand, that my wife can get an extension. However,the concern is on my end. Am i eligible for H1-B extensions? What will be my status after 3/29? Do i have move into H4 Or would i be required to move out of the country? Our company attorney says, they are not clear on the new laws and have decided to file in for an extension . They are asking me to wait for the INS decision - based on whether my extension gets approved or declined..

I\'m not clear on what to do?? Is anybody out there who offer suggestions...

thanks
ckn
 
No Title

Hello There!
I am in the same boat. my H1 expires in Sep/01. I asked a few attornies and no one is able to give a clear answer. keep me posted if you know anything & I\'ll do the same.
Arvind
 
No Title

I am also on the same boat. Please post if you get any information on this. My attorney says, we can file for H4, nut does not say anything defineat that INS will approve it.

- Boisean
 
No Title

My attorney is trying to file for an extension. I am also trying to gather my days outside US .
Will let you guys know when I know something.
 
No Title

Hi ,
My H1-B expires in exactly 18 more mths time and i have not filed for my green card as of yet..
now since i can stay in this country only for 6 continuous yrs on H1-B what minimum criteria should i fit
to extend my stay beyond the 6 yr limit.. ???

if i file my labour 365 days before my h1-b expires and if i do get my labour cleared before my h1-b expires then can i get extension
to stay after my 6 yr limit ??

what more things do i need to get cleared so that i can stay for more than 6 yrs..

from what date does the 6 yr limit counted.. is it from the first time a person entered to USA or is it from the day it is stamped
on the visa papers.. (is 1-94 that is looked into or the visa papers) ??

please reply with ur views and inputs..

Regards
Srijit
 
No Title

hi,

i am thinking of filing labour for GC processing from Pennselvaniya..

does anyone have any idea how much time will it take for EB3 WITH RIR AS COMPARED TO EB3 WITH NON-RIR
TO GET HIS/HER labour cleared.. any idea about processing times for the same in NJ or NY

thanks
Srijit
 
No Title

Per KumarS he and his wife got an extension after 6 years. So we should atleast be getting extension in H4
 
No Title

You should be fine.

I think you should be fine. The law does not say that you have to be the \'primary\' beneficiary of a pending immigration petition, to get the extention. If your lawyer does not see it that way, ask him to explain why the law does not mention it.

Also get a second opinion.

just my .02
 
No Title

Hello Ckn!
Great news! Hey I am in the same situation my H1 expires 9/01. My wife\'s valid up to 2/2004. I am a dependent on my wife\'s 140 (eb3, 9/99).
Till what date did you get your H1 extended? How much ahead of time do you think I should apply for my H1. Do I need an attorney?
Thanks.
ASASAS
 
No Title

Hi

Looking at CKN\'s case...I have a question. I am on a h1 and have time till 2004. I have an approved EB3 I140 and waiting for priority
date to get current (PD OCT1999). My husband also has an approved EB3 I140 and waiting for priority to get current (PD AUG 1999).
Meanwhile, my husband\'s H1 is expiring in November...Assuming my husband loses his job, will he be able to extend
his stay ..either as H4 or as H1 based on the fact that I have an approved I140.

Am really confused...

Thanks
Chitra
 
No Title

Re: Question.

Hello, I honestly do not know the answer to your questions. But here is what I think might happen:

1. If your husband loses his job after his 6 years of H1 stay, he may not be eligible for H4 status and hence not eligible to get extentions based on your LC / I140.
2. If your husband was to get H4 status before the end of his 6 year term (say 6 months or so before) then he should be in a position to get the extention. However that means he cannot work while he is on H4 and that may not be an option at all
3. Assuming that the PDs will move forward 3 months for every calendar month, and given your husbands date is 24 months away, it will take 8 months for his date to be current. He also has 8 months left on his H1. He may be able to file his 485 and hence be in status (provided he does not lose his job).
4. Point 3 is ofcourse redundant, since he can get an extention on his H1 if he does not lose his job
5. If he does lose his job, and your PD is close to being current, you might want to consider letting him stay on here, even when he is out of status. As long as he does not work and his out of status stay is less than 180 days (I think), you can pay some penalty and let him adjust his status as a dependant.

As always talk to a lawyer.
just my .02
 
No Title

You need not worry much. If your wife\'s I-140 is approved and understanding that EB3 (CSC) might in all possibility get current in May/June, you should be riding on a good sailing boat. In the event, it does not get current, you may file for an H1 extension around July. Should be okay...
 
No Title

Hi asasas4,
Could you edit your message and refer to me as Masterminds, instead of ckn. It would be of great help..
 
No Title

Hello Ckn/ Masterminds,
I do not see anymore your message saying you got your H1 extended as a dependent. What happened? Did you decide to withdraw
your earlier statement.
Please let us know.
thanks
 
You must log in or register to reply here.
Top