Hardon or any experts need advice

N

nshanthappa

Registered Users (C)
Hi,

I am doing my residency on H1B visa and my 6 year H1B visa is terminating on Jun 11th 2006.

I have a job offer in HPSA, is it possible to get H1B extension, if I apply NIW ?

Recently I contacted attorny regarding this matter, he said I can apply NIW and will get H1B extension for 3 years ? Is it true ?

Also he said, suppose my NIW is not approved before Jun 11th 2006, I can switch to H4 and come back to H1B , Is it true ?

Also he said, for waiver jobs there is no cap, it is easy to get H1B, Is it true ?

Thanks,
 
> I have a job offer in HPSA, is it possible to get H1B extension, if I apply NIW ?

I am not sure. You can apply for an H1b extension if your I485 is pending for more than 365 days, I don't know whether this applies to NIW cases as well.

> Also he said, suppose my NIW is not approved before Jun 11th 2006,
> I can switch to H4 and come back to H1B , Is it true ?

Well, once your H-time is exhausted, you can't switch to H4 anymore.

> Also he said, for waiver jobs there is no cap, it is easy to get H1B, Is it true ?

J1 WAIVER jobs sponsored by the state department of health under the conrad30 program are exempt from the cap. But as you are not applying for a J1 waiver, I don't think this provision in S3032 applies to you.

Sounds like a very optimistic attorney. I would get a second opinion, make sure that you pay the attorney for his opinion by the hour. Some of them are just interested in getting you to file something so they can get their fees but might not be willing to look into the details until you have retained them.
 
Thanks for reply Hardon, also see the attorny reply

Thanks for reply Hardon, following is the attorny reply.

BASED ON THE CURRENT PROCESSING TIMES AT USCIS-NSC, AND ASSUMING THAT YOU ARE ABLE TO SUBMIT A HIGH QUALITY, MERITORIOUS I-140 PETITION UNDER EB-2 NIW, THE I-140 SHOULD GET APPROVED IN 2-3 MONTHS.

THEREAFTER AN H1 EXT CAN BE FILED IN A 3 YEAR INCREMENT.


IF THE I-140 APPROVAL GETS DELAYED, YOU CAN CHANGE STATUS TO H4(Dependent visa based on husband pending labor) AND THEN BACK TO H1. THE CAP DOES NOT APPLY TO HPSA/MUA JOBS.

Thanks
 
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