Request your kind guidance on the following case.
My GC labor application has been certified approved on 25th Feb 2017 by DOL as per the statistics on DOL website. My H1b Maxout date is 8th May 2017. Please help me to understand the options which I have to maintain my work status in US after H1b Max out:
1) Apply for H1b extension based on approved Labor document to get 1 year of extension. Will I be able to continue employment based on Extension receipt number?
2) Submit a request for Change of status from H1b to H4 while staying in US and remain in US on H4 visa on long leave while continue being assosiated with my company.Once the process of I-140 premium processing and H1b Extension application submission is completed then join back on work.
3) Apply for I-140 approval in premium processing and then apply for H1b Extension. Will I be able to continue employment based on Extension receipt number?
Please suggest if their are any other options. Thanks in advance.
1. No, if it has not been pending 1 year, no seventh year extension.
2. If you used up your six years as an H1b, my understanding is you also cannot be an H4 Moreover you provided no information about how you would qualify for an H4.
3. It is not possible for your I-140 to be pending for one year while you are on your H1b.
If your visa is immediately available, perhaps you can just apply for adjustment of status with your I-140.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
These questions should be immediately addressed to the company attorney who attained the H1B and the LC certification. In general, the LC process must have been pending for one year, in order to gain an additional year of H1B beyond the 6 year maximum time, or the I140 needs to have been approved and the priority date cannot be current in order to be granted a 3 year extension of H1B time. Your inquiry does not state how long the LC was pending or if you are from an oversubscribed country so that the PD is not current or even the IV classification of the LC (EB2 or EB3). Take these questions directly to the attorney who works with your employer. If your employer does not have an immigration attorney, seek a private consultation with an immigration attorney to figure out the way in which you may stay in the US and continue to work legally. Your time is short so you must act quickly.
You will be making a crucial mistake if you continue to rely on the internet instead of working with your counsel of record on your future.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
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