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

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

Posted

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, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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Posted

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 attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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3 lawyers agree

Posted

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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