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H1b Extension - Priority Date Current

Discussion in 'AC 21 I-140 Portability' started by J_Pirlo, Oct 23, 2017.

  1. J_Pirlo

    J_Pirlo New Member

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    Hello Ron,

    I am on an H1. My 6 year validity ends on Dec 18, 2017, taking into account all days within US.
    My employer started my Green Card process. My PERM was approved last week, it was filed in May this year.
    Since my PD is current, my Employer said that they would file my I140 and I485 concurrently.
    My attorney is yet to receive the PERM receipt papers post which they will do the filing.

    My questions:
    1. How would validity of my Work Status work out ? So if in the next 2 months, if my I140 gets filed and approved, can H1B Extension be raised. I have a doubt on this since the 3 year H1B Extension rule as I heard, is if your PD is not current. Therefore how would it work in my case or what other options do I have ?
    2. If per 1, H1B cannot be raised, can the filing of I485 be used to maintain legal status, including my dependents. Although I have to wait for my EAD to start working again ?

    Dates:
    H1B 6 year Expiry: Dec 18, 2017
    PERM filing: May 10, 2017
    PERM Approval: Oct 11, 2017

    Thanks,
    J_Pirlo
     
  2. WaldenPond

    WaldenPond Guru

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    You would get 1 year of H-1B extended if you din't get EAD by then, after you get EAD, no need of H-1B EXTENSIONS, but if you still want, you can get in 1 year terms until GC
     
  3. WaldenPond

    WaldenPond Guru

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    After filing AOS(I-485), you don't have to worry about legal status, only thing is EAD/H-1b is for work authorization, you are legally under "AOS Pending" status
     
  4. J_Pirlo

    J_Pirlo New Member

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    Thanks.
    When you say the 1 year extension, isn't that only valid if Perm is filed a year before H1 expiry. And again, only if the PD is not current right?
    So it's a relief that it's still a legal status with AOS pending.
     
  5. WaldenPond

    WaldenPond Guru

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    Yes, PERM is one year old, OR I-140 is approved. if neither of these, then no H-1B extension, you would still be legally present but work authorization depends on whether you have got EAD or not.
     
  6. WaldenPond

    WaldenPond Guru

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    I said 1 year because you said "If my I140 gets approved, in such scenario, if your PD is current, you get 1 year extension"
     
  7. J_Pirlo

    J_Pirlo New Member

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    Thanks WaldenPond.
    If I may check this again, the extension based on I140 approval, isnt that based on if the PD not being current. Since that is what the AC21 law says, or maybe I interpreted it wrong.

    https://www.uscis.gov/greencard/visa-availability-priority-dates#H-1b

    Under AC21 §104(c), you are eligible for an extension of H-1B status beyond the six-year H-1B limitation contained in INA § 214(g)(4) if you are:

    • The beneficiary of an approved I-140 petition under INA § 203(b)(1), (2) or (3) and
    • Eligible to be granted lawful permanent resident status but cannot currently file to adjust status because you are a citizen of a country where demand exceeds the per-country limitations applicable to immigrants.
    To determine if you are eligible to be granted lawful permanent resident status but cannot currently file to adjust status because you are a citizen of a country where demand exceeds the per-country limitations applicable to immigrants, USCIS relies upon the “Application Final Action Dates” chart of the Visa Bulletin. If your priority date is on or after the cut-off date listed in the “Application Final Action Dates” chart for your preference category and country of chargeability, then you may be eligible for an H-1B extension under AC21 §104(c).
     
  8. WaldenPond

    WaldenPond Guru

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    Pardon me for my earlier response, yes it seems like you won't get an extension on H-1B now. Wait for the EAD to come before starting working again... you at least have an express lane extry, good luck
     

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