I should be OK but...

G

guttchan

Registered Users (C)
Hello everyone,

My 6th year H1B will expire at end of next month. My I-140 has already been approved and just last month my 485 application was recieved by INS (got reciept notice). My lawyer said he would use premium processing to extend my H1 visa. He said the will start sending the paperworks in early April.

My question:
a) Am I in good shape of getting H1 extented? I have asked my lawyer to consider working with my visa renewal in January but he has just started. Is this slowness typical with immigration lawyer?
b) Does my company have to pay $1000 sponser/training fees?
(this is not $1000 premium processing fee).
c) Once the visa is approved and stamp been revalidated at Missouri, can I travel overseas just like with normal H1B? I heard a rumor that one should not travel overseas with 7th year H1B extention. Is this true?

Your help is appreciated. Thank you.
 
guttchan,

I can only Part (c) of your query. I got a 7th Year Extension, and it's just like a regular H1B - only exception is that it's only good for 1 year rather than 3 years. My extension was processed in Canada and I had no problems re-entering.

You should check with an immigration authority for details on your situation. Your situation may be different since you're at the later stages of the labor cert. process. For me, the most polite and accurate source of information is the INS itself. Call the 1-800 number found in the White Pages.

Good luck!
 
Originally posted by guttchan
Hello everyone,

My 6th year H1B will expire at end of next month. My I-140 has already been approved and just last month my 485 application was recieved by INS (got reciept notice). My lawyer said he would use premium processing to extend my H1 visa. He said the will start sending the paperworks in early April.

My question:
a) Am I in good shape of getting H1 extented? I have asked my lawyer to consider working with my visa renewal in January but he has just started. Is this slowness typical with immigration lawyer?
<NO!! Since he/she will be filing under premium processing>

b) Does my company have to pay $1000 sponser/training fees?
(this is not $1000 premium processing fee).
<Yes, and are you paying the $1000 premium processing fee? If not your company has to pay>

c) Once the visa is approved and stamp been revalidated at Missouri, can I travel overseas just like with normal H1B? I heard a rumor that one should not travel overseas with 7th year H1B extention. Is this true?

Not at all!! Just make sure you carry a copy your I-485 receipt notice.

Your help is appreciated. Thank you.
Click to expand...
 
Hello Everyone,

Update to my status.
My lawyer changed his mind and instead for applying H1B extension, I have applied for Advance Parole and EAD. My question is I do not think I am able to obtain EAD approval before my H1B expires on 28th. I have read somewhere in the forum that I need to have EAD approved before expiration in order to be considered legal status. Is this correct? My lawyer told me not to worry about it and I should be just fine but I am very curious.

Again, thanks in advance for your help.
 
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