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Help with HOB - 1 - HOB

Springfield, MA |

Hi , Here are my details 1 . Completed 1 6 years on Sp 7 2012 and My perm was in Audit at this time . 2 . I applied for COS from 1 to 1 with a receipt date of Sept 12 2012 and 1 is approved on Jan 25 2013 . Also , I applied for COS when I was waiting for my HOB extension . 3 . My Perm and I140 are approved as of Jan 14 2013 . Question : 1 . Can I apply for my Heb extension based on approved I140 perm ? If Heb is approved , will I be getting I - 94 or will I be asked to go for consular processing ? 2 . Am i considered Out of status from Sp 8 2012 till Sp 11 2012 ?

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Attorney answers 3

Posted

Visas in the US start with a letter and are never a single digit. Additionally, there are no HOB or HEB visas.

Status in the US is controlled by the I-94 and ends when the I-94 expires.

H-1B visas can only be extended beyond the sixth year if either 1) you have a labor certification/I-140 that has been pending for one year or more, or 2) you have an approved I-140.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Posted

I agree with my colleague.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

I agree with my colleagues

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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