Huston, do we have a problem?

[monty2]

Houston, do we have a problem?

Hello Everybody,

I am expecting my I-140 to be approved by end of July. My H1B visa (6 years) limit will be up by end of December 2002. After I-140 approval, I will have approximately 5 1/2 months to get my CP done. I am from India and will be going to Mumbai (Bombay) consulate if I opt for CP.

Based on these conditions/limitations, I wanted to get your feedback on –

1) If I opt for CP and do not get interview before my H1B expires (5 ½ months), what are my options –

• [a] Can I extend my H1B and continue to work for current employer?
  
  Can I legally stay in US and work for the employer without extending H1B (for e.g. When you file for I-485, you get an EAD card and do not have to worry about H1B expiring or do you)?
  
  [c] If I can’t stay in US, and go back to India, Can I still continue my CP process?
  

2) If I opt for I-485, how much more time am I looking at as compared to CP?

Please advice. Also let me know if you think of anything else, I should be concerned about. Your feedback will be greatly appreciated.

Thanks in advance

 

[Moulin Rouge]

Apollo 13.. You are cleared to enter orbit

1) If I opt for CP and do not get interview before my H1B expires (5 ½ months), what are my options –

• Can I extend my H1B and continue to work for current employer?
  Depends on when your LC was filed. If your PD is more than a yr before your H1 expiry (say u filed in Nov 2001) then you can extend your H1.
  
  [ii] Can I legally stay in US and work for the employer without extending H1B (for e.g. When you file for I-485, you get an EAD card and do not have to worry about H1B expiring or do you)?
  Without extending H1 - no ! You will be staying and working illegally, but as long as you dont do this for more than 6 months, you wont have a problem with CP. However, this is NOT recommended.
  
  Of course, if you are able to extend your H1, this question is moot.
  
  
  [iii] If I can’t stay in US, and go back to India, Can I still continue my CP process?
  Without any problem..
  
  

2) If I opt for I-485, how much more time am I looking at as compared to CP?
Depends on the service center. For ex. VSC takes around 12 months to approve 485 while you can complete CP in 5-6 months from 140 AD (as long as the INS transfers your case to NVC quickly which is not the case if your 140 is with CSC )

 

[monty2]

Need some clarification

Thanks a lot Moulin!

Need just one little clarification on extension of H1B. My PD is more than one year before my H1B expires. Also it took little more than one year for my labor approval.

Question: Can I get H1B extension even though I am applying for CP (my Labor and I-140 will have been approved by then and my I-485 will not be pending)?

Thanks in advance.

 

[Moulin Rouge]

Re: Need some clarification

Originally posted by monty2
My PD is more than one year before my H1B expires. Can I get H1B extension even though I am applying for CP (my Labor and I-140 will have been approved by then and my I-485 will not be pending)?

If 485 was pending, there would be no need of a H1 extension and this law would be theoritically useless...

As long as you have a 140 on file (or approved) even from ANY previous employer AND you have a LC filed more than 365 days back (which does not even have to be approved and neither has to be the same as your 140' LC) you can get a H1 extension.

So in your case, its a straight extension. No need to worry.

 

[svsarma]

same situation as yours in feb 2000

i got my 140 approved in feb, my h1 expired in july. I had thought I would get interview in july-august WRONG!!!!
I got end september, so I had to spend lots of ,money to renew H1, IF I had done 485 I would have nto had to renew h1, plus added complications if you are married etc.
iin curretn econiomic situation I would advice you to get an 485- EAD, the difference is only 5 more months and almost no tension if your are laid off etc.
If you can guarentee your job or yourr supervisr ( guy signing papers) does not change for next 7 months then go for CP
otherwise-otherwise
vijay