H1B 6 year limit and AOS

S

sand500

Registered Users (C)
Hi all,

My H1B 6 year limit is fast approaching. I was told by my lawyer that I will be able to get a 1 year extension (without having a pending AOS).

Even though my LC and I-140 have been approved, I have not filed for my AOS as of yet.

My question is will I get the 1 year H1B extension? Is the lawyer correct in saying that I do not need to have a I-140 or I-485 case pending with BCIS?

Also, is it possible to reclaim vacation times spent outside the country while extending the H1 visa (beyond 6 years)?

Is it better to file for my AOS so that I have it pending? If so, how long is it taking for the EAD these days?

Thanks a lot.
 
Hi all,

My H1B 6 year limit is fast approaching. I was told by my lawyer that I will be able to get a 1 year extension (without having a pending AOS).
----- Yes you can and lawyer is correct
Even though my LC and I-140 have been approved, I have not filed for my AOS as of yet.
-- ---Why you have not filed I-485? You should file it ASAP
My question is will I get the 1 year H1B extension? Is the lawyer correct in saying that I do not need to have a I-140 or I-485 case pending with BCIS?
----- The lawyer is correct because your LC was filed more than 365 days and you qualify for 7th year H1 extension, why your lawyer is not suggesting you to file I-485? Any reasons? You will get EAD, AP and your status will be AOS pending once you file I-485, if you wish you can also maintain H1b status with your employer

Also, is it possible to reclaim vacation times spent outside the country while extending the H1 visa (beyond 6 years)?
-- ---YES, your lawyer has to provide the evidence for that
Is it better to file for my AOS so that I have it pending? If so, how long is it taking for the EAD these days?
---- File AOS (I-485) ASAP and also for EAD, AP. EAD AP may take maximum 2-3 months depending on your service center
 
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