H1B Will expire 6 month short of completion of J1 waiver

T

TehDoc

Registered Users (C)
Hello, as the title states my H1B visa will expire 6 month short of completing my J1 waiver and I can not renew it anymore as I used up the 6 Year limit. I have an approved I-140NIW with Conrad 30/Concurrent I-485 Filling. Also I have I-140 Employment based approved in 2003 and has not been revoked. Short story is my Visa stamps stated that I was not subject to 2 yrs HRR but USCIS said I was an ultimately denied my I-485 application. What are the chances of having USCIS extending my H1 visa to allow me to finish up the waiver. I am with a lawyer but just wanted to get opinions if someone went through the same thing. Thanks.
 
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If your I-140 was filed at least a year ago and was not revoked, you probably can extend the H1 in one-year increments and appeal the I-485 denial.
 
Jackolantern said:
If your I-140 was filed at least a year ago and was not revoked, you probably can extend the H1 in one-year increments and appeal the I-485 denial.
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Old I-140 was not revoked since its the same employer. I-485 denial states that no appeal is allowed since I need to finish my J1 waiver on H1B status.
 
hashitoxicosis said:
please provide more details. How did you end up using 6 years? Also your country of chargeability?
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well 4 years got used up doing Specialty Residency and the other 2 got used up in my new Job where i am getting a sponsor, I managed to recapture 6 month which leaves me with a 6 month gap.
 
i am in similar situation

TehDoc.....I have a question for you as i am in similar situation and i am no geting right answer from any where.....i would highly appreciate if you could address my concern.

my problem is:

I had used up over 4 years on H1-B before starting residency and am ding residency on j1 visa my question is:

1) is there any rule which says we need to have 3 years on H1 visa in oreder to get waiver job?

2) if i get a j1 waiver job will i be able to extend my H1-B visa if i initiate GC process there`( waiver job)

I am sure you have gone through the same.....please give me our experience..will be very very helpful

Good luck!!!
 
swe82 said:
TehDoc.....I have a question for you as i am in similar situation and i am no geting right answer from any where.....i would highly appreciate if you could address my concern.

my problem is:

I had used up over 4 years on H1-B before starting residency and am ding residency on j1 visa my question is:

1) is there any rule which says we need to have 3 years on H1 visa in oreder to get waiver job?

2) if i get a j1 waiver job will i be able to extend my H1-B visa if i initiate GC process there`( waiver job)

I am sure you have gone through the same.....please give me our experience..will be very very helpful

Good luck!!!
Click to expand...


Ya I still don't have an idea, i would think it is fine.
 
TehDoc said:
Old I-140 was not revoked since its the same employer. I-485 denial states that no appeal is allowed since I need to finish my J1 waiver on H1B status.
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You can file for H1B extension if you have an approved I140
The I-485 should not have been denied, NIW allows you to file for 1-140 and 485 together, even before the 3 yrs in H1B are completed. That is ofcourse if your dates are current and you are not from a retrogressed country.
 
docboston said:
You can file for H1B extension if you have an approved I140
The I-485 should not have been denied, NIW allows you to file for 1-140 and 485 together, even before the 3 yrs in H1B are completed. That is ofcourse if your dates are current and you are not from a retrogressed country.
Click to expand...

Thanks, so as long as i have a valid and approved I-140NIW, i can extend my H1 in 1 year increments till my case is adjudicated?
 
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