I Need Urgent help with an H1 Expiration matter:
H1: 6th Year Expiring on Jan 8, 2010
Unused Holidays: 5 Weeks (34 days)
Green Card filed: March 6, 2009 (Labor still Pending)
LCA Filed for H1 Extension for 5 weeks of Unused Holidays: Dec 3, 2009
I believe in order to get a 1 year extension on H1 based on Green Card I should have my Labor and I-140 approved and its not and I dont have 365 days before it was applied so I was thinking to go out of Country for 2-3 weeks now and come back before my Visa Expires and in the meantime apply for H1 Extension after 7 days of LCA if it gets approved.
My Questions are:
- Would it be an issue if I filed my H1 under Premium Processing and it got approved while I am out of Country, would I fall under Counsel of Processing?
- If i applied H1 in Regular Processing, Would I have any issues at the immigration if I left out of Country right now and tried to come back around Dec 29 with the H1 Extension Notice?
- Would I be considered out of status if my visa expired after Jan 5, 2010 and my H1 extension is still under process?
Any other options or help in this matter would be really appreciated.
H1: 6th Year Expiring on Jan 8, 2010
Unused Holidays: 5 Weeks (34 days)
Green Card filed: March 6, 2009 (Labor still Pending)
LCA Filed for H1 Extension for 5 weeks of Unused Holidays: Dec 3, 2009
I believe in order to get a 1 year extension on H1 based on Green Card I should have my Labor and I-140 approved and its not and I dont have 365 days before it was applied so I was thinking to go out of Country for 2-3 weeks now and come back before my Visa Expires and in the meantime apply for H1 Extension after 7 days of LCA if it gets approved.
My Questions are:
- Would it be an issue if I filed my H1 under Premium Processing and it got approved while I am out of Country, would I fall under Counsel of Processing?
- If i applied H1 in Regular Processing, Would I have any issues at the immigration if I left out of Country right now and tried to come back around Dec 29 with the H1 Extension Notice?
- Would I be considered out of status if my visa expired after Jan 5, 2010 and my H1 extension is still under process?
Any other options or help in this matter would be really appreciated.