Guys - Its mid March 2006 now and my H1B will expire by mid February 2007 (6th year). I am worried about getting a H1 B extension as I haven't filed for an LCA yet. I am confused about this and would really need some help. I spoke to a total of 3 immigration attorneys (including my attorney) and this is what they have to say about H1B extensions for my case.
2 of the attorneys told me that I can still get an extension provided i do my LCA now, get it approved by August and then file for an I-140. According to these two guys, a pending I-140 and approved LCA will allow one to obtain an extension because of retrogression issues (i.e unavailability of visas)
the other attorney told me that i am basically screwed and that i will have to leave the US for 1 year once my H1 B expires. according to her, you need the LCA to be pending for at least 365 days in order to get an extension.
Who's right and who's wrong? Is there a definate answer to this - any USCIS memos that you guys can point me to?
Please advise guys
2 of the attorneys told me that I can still get an extension provided i do my LCA now, get it approved by August and then file for an I-140. According to these two guys, a pending I-140 and approved LCA will allow one to obtain an extension because of retrogression issues (i.e unavailability of visas)
the other attorney told me that i am basically screwed and that i will have to leave the US for 1 year once my H1 B expires. according to her, you need the LCA to be pending for at least 365 days in order to get an extension.
Who's right and who's wrong? Is there a definate answer to this - any USCIS memos that you guys can point me to?
Please advise guys