Reaching 6 years H1 Cap

Hi Popper and LCF,
You have mentioned that "I-140 can be applied in NIW category and get your H1B extension before 1-140 gets rejected".

a. So is H1B extended without looking into the details of what has
applied at I140?
b. what needs to be submitted for H1B extension?
c. Wont this cause any problems later in the GC process?

thanks in advance
 
I'm wondering if any of you are considering the Canadian GC option ? If so if anybody could share their experiences I would greatly appreciate that. I have about 2 years left on my H-1B and am not even in the GC application process. So I'm looking into Canadian option as well.

thanks
 
Canadian regulations have recently changed, making it more complicated to pass. You will definatelly need Masters(approved by Canadian Authority) and will need to accumulate additional points - by having relatives in CA, an actual job in CA, by learning French or having a spouce also with Masters Degree.

Professions field has also been evaluated and has been pretty much eliminated. Also, the passing score hase been raised to 80.

More details on their own web-site.
 
Yes, it can be done as long as the NIW filing is not frivolous (meaning that it is properly documented when it was filed and has some chance of approval). That's what I was referring to when I said you needed to find some way of getting a pending I-140. You can't file an I-140 before you get the approved LC if you are filing in a category that requires an LC but if you can arguably qualify in a category that does not require an approved LC you can go for it and use the old priority date to extend your visa since you will then meet the 2 prongs (1. PD more than 365 days in the past and 2. pending immigrant visa petition).

I have not done any of these either but I remember seeing a posting on the AILA website about 6 months ago regarding this. I'm confident that it will work in the right situation.
 
Jim,
Thanks for the info.
This surely gives a ray of hope....

also, any comments on the following questions?
During the past 5 years, I had stayed in India for 6 months on a project and spent 2 vacations one for 4 weeks and the other
for 6 weeks.

Can I use use
a. The 6 months project time
b. The 10 weeks vacation time

for extending my stay beyond 6 years limit....

thanks in advance..
 
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