H1B - 6 Years Limit + GC Petition

R

Robsri

Registered Users (C)
First and foremost, thanks for all that may contribute to this thread.

My situation is the following:
My H1B visa will reach at its 6 years limit by the end of this year - December 2003. However, in September 2000, my parents have filled out a I-130 (Green Card Petition) for me.

My questions are:

1) Can I apply for a work-permit after my H1B expires in December 2003, in the grounds of "waiting for my GC petition process"?

2) If I apply for a GC thru the company that I am currently working, will I be able to continue working even if my H1B will expire in Dec2003 ?

3) What your suggestion for this situation?

Again, thanks for you input.

Sincerely,

RS
 
You need one of two things..

1) In order the evade the 6 yr limit, your company must have filed for LC more than a year ago or It must be approved and your I-140/I-485 must be pending....then your H1 can extended beyond the 6 yrs limit. After you get your I-140 you can get an EAD.

2) Once again you need your I-130 approved, inorder to apply for 485/EAD.

As a starter, can you see if you can collect proof of all the time you spent outside the USA in these 5 yrs and ask your lawyer to file for an H1 extn based on the time spent outside. That will buy you some more time.
 
1. You can file I485 with the I130 receipt. At the same time you can also file I765 (EAD application) and I131 (advance parole- to be used for travel when using EAD). Generally it takes 3-4 months to get the EAD. So you should plan to apply for all these before aug 2003, if you plan to start using EAD from Dec 2003.

2. You need H1 or EAD to work.

3. Should have filed concurrent 485. File I485 now based on the I130 receipt and around july/aug file for EAD.
 
I am confused:

1) Can I apply for the I485 with my I130 receipt or I130 approval?

2) It has been more that 825 days since the INS received my I130 application. Precisely, it has been 910 days and I have not heard from them yet. In the web site they say that the limit time for an answer is 825 days. What should I do? Bug them?

Thanks again !

RS
 
Originally posted by Robsri
I am confused:

1) Can I apply for the I485 with my I130 receipt or I130 approval?

2) It has been more that 825 days since the INS received my I130 application. Precisely, it has been 910 days and I have not heard from them yet. In the web site they say that the limit time for an answer is 825 days. What should I do? Bug them?

Thanks again !

RS
Click to expand...

Robsri,
Please see my detailed response to your post elsewhere. I don't think you can apply for I-485 because you are a F2B family second preference category. You will need APPROVAL of I-130 to proceed with I-485. Only immediate relatives of US citizens (for whom there is no annual quota) can apply for I-485 either along with I-130 filing or without waiting for I-130 approval.
You will have to wait until your PD becomes current.

I am not sure about this but I think you can use the >6 year extension of H1 ONLY IF AN EMPLOYMENT BASED IMMIGRANT VISA PETITION (EITHER LC OR I-140) is pending.
 
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