H1 Extension

[bsushil]

Hi:

I'm in a situation where my H1 is going to expire and I'm filing perm. Here's the situation:

I'm filing perm in few months. By the time I get by labor approved and I-140 approved, it will be around Jan-Feb next year. Then I want to file I-485 in EB3 category. However, EB3 retrogression is many years back. My H1 expires in June 2007.

The question is, if my labor and I-104 have been approved but I have not had chance to file I-485 because of retrogression, can I still extend by H1? I have heard that you file for H1 extension only if Labor is pending or if I-485 is pending. Please suggest.

Thanks
SB

 

[GCVARUMA]

Hi:

I'm in a situation where my H1 is going to expire and I'm filing perm. Here's the situation:

I'm filing perm in few months. By the time I get by labor approved and I-140 approved, it will be around Jan-Feb next year. Then I want to file I-485 in EB3 category. However, EB3 retrogression is many years back. My H1 expires in June 2007.

The question is, if my labor and I-104 have been approved but I have not had chance to file I-485 because of retrogression, can I still extend by H1? I have heard that you file for H1 extension only if Labor is pending or if I-485 is pending. Please suggest.

Thanks
SB

If your labor and your I-140 have been approved then you can get an H1 extension for 3 years. The reason why they give you an H1 extension for 3 years is because of retrogression dates you cannot file your 485.

But for getting your H1 extension after 6 Yrs you case has to be one of the below :
1. Your labor pending for more than 365 days - in this case you will get an extension of 1 year for your H1
2. Labor approved(which is older than 365 days)+140 Pending - in this case you will get an extension of 1 year for your H1
3. Labor approved+140 Approved + 485 not filed because of retrogression or pending 485 - in this case you will get an extension of 3 years for your H1

Thanks.
GCVaruma.

 

[bsushil]

Thanks GCVaruma.

I was told by my lawyer that the law for H1 extension is if labor is pending or if I-485 is pending. If what you've said is true (3 scenarios), then it covers all bases. I was worried that my labor and/or I-140 would be approved but before I can apply for I-485 I would be out of status.

SB

 

[GCVARUMA]

Thanks GCVaruma.

I was told by my lawyer that the law for H1 extension is if labor is pending or if I-485 is pending. If what you've said is true (3 scenarios), then it covers all bases. I was worried that my labor and/or I-140 would be approved but before I can apply for I-485 I would be out of status.

SB

As long as your labor is more than 365 days(dont be worried about your 140) you can file for your H1 extension.

Do check with your lawyer about it.

Also check this link : http://www.immigrationportal.com/showthread.php?t=201795

Thanks.
GCVaruma.

 

[seekinggc_ssk]

How about only if PERM is approved in the 6th year

As long as your labor is more than 365 days(dont be worried about your 140) you can file for your H1 extension.

Do check with your lawyer about it.

Also check this link : http://www.immigrationportal.com/showthread.php?t=201795

Thanks.
GCVaruma.

GC Varuma,

My PERM recently got approved a few days back, it was applied in December 2005(which is less than 365 days before my 7th year starts). My 6th year ends in July 2006. I have a labor pending thru another company at a different backlog center.Do you think I am eligible for getting an extension?

 

[aaa06]

RIR to PERM.H1 expiring in NOV 2006.

I applied in non-PERM in March 2005 under EB2 RIR.Now after almost a year,my attorney says that there are some errors with the advertisement that was given for my application and is suggesting me to apply in PERM.

So what will happen to my priority date.I have Bachelor's degree with 5 years experience.I'm in my 6th year now.I only have 7 months more.

What will happen to my H1 extension?

Thanks.