What to do if my green card priority date getting current and h1b expiration at same time?

Asked over 1 year ago - Royal Oak, MI

My H1B visa expires on Nov 2013 and my priority date is Aug 2011 under F2A visa. There is high probability that priority date may get current by Nov 2013. In this situation should I renew H1B visa or should I wait? Kindly suggest.

Attorney answers (4)

  1. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . You can file the H-1B extension immediately before the H-1B expiration date. Complete the preparatory work so that you are ready to file for extension if the F2A priority date is not reached by then. You are entitled to continue woring under the H-1B status for 240 days past the expiration date as long as you have a timely filed (on or before the H-1B expiration date) application for extension.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street,... more
  2. Veronica Tunitsky

    Contributor Level 18

    4

    Lawyers agree

    Answered . Priority dates cannot be predicted so it's not current until it's current and since you probably have to maintain status in order to adjust, h1b renewal is probably the best idea.

    As always, consult with an attorney for a comprehensive review.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more
  3. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleagues ... extend the H ... there is no way to guarantee that your priority date will be current by November 2013.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Russell Boon Rhea

    Contributor Level 11

    1

    Lawyer agrees

    1

    Answered . As you've heard, you have nothing to lose by filing the extension. My office is in Detroit if you would like some help. Set an appointment with Lesley 313 647 4648.
    Respectfully,
    Russell

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