1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

H1b Extension Under Ac21, I-140/i-485

Discussion in 'AC 21 H-1B Issues' started by Nars, Feb 27, 2016.

  1. Nars

    Nars New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,
    (And anyone who has answers to any of the questions below)

    My Perm was submitted mid June in 2015 and approved in Dec 2015. Priority date is CURRENT, but my I-140 (will go with premium processing) and I-485 have not been filed yet. To maintain lawful status in the U.S. after my current H1B expires, my H1B extension can be extended till Dec 2016 (6 years), and another 1 year until Dec 2017 according to the lawyer from my company.

    1. I-140 hasn't been submitted as of today yet (due to some unknown and mysterious delay on my company end), why am I eligible for a year of extension beyond 6 years under AC 21?

    2. I would like to file I-140 and I-485 as soon as possible but it seems like my company will file H1B extension first. What are the advantages and disadvantages to filing H1B extension first and then I-140(with premium processing)/I-485 concurrently, versus the other way around?

    3. Would it be risky to go without premium processing for the extension? I assume I can still work while H1B extension is pending for up to 240 days, and once I have the approved i-140, pending i-485 and EAD, what would happen to my immigration status when H1B approval comes in?
     
  2. Santy

    Santy Guru

    Messages:
    1,259
    Likes Received:
    1,381
    Trophy Points:
    113
    When is your H1 expiring
     
  3. Nars

    Nars New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    current one 4/30/2016
     
  4. Santy

    Santy Guru

    Messages:
    1,259
    Likes Received:
    1,381
    Trophy Points:
    113
    1. Our get 1year extension if your labor is approved.
    2. Go by your company lawyer's. There shouldn't be any issue.
    3. If possible file H1 AND 140 in Premium. It is taking whopping 8-10 months for normal processing nowadays.

    I believe you are not India or China born, you should get your green card in 3-6 months after 485 submission.
     
  5. Santy

    Santy Guru

    Messages:
    1,259
    Likes Received:
    1,381
    Trophy Points:
    113
    @ron-We badly need the edit button....
     
    Legal Immigrant likes this.
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    If your priority date is current, you are not eligible for a post-sixth year extension. You will need an EAD.
     
  7. Nars

    Nars New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Priority date is current. My H1b will be extended till Dec 2016, and at the same time since PERM was filed June 2016, can I use (a) to request another year of extension through Dec 2017 without submitting I-140? My company hasn't submitted I-140 yet and they believe my H1B can be extended till Dec 2017.

    http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/
    "In order for one to be eligible to extend H1B status beyond six years, it is necessary to qualify under either of two possible rules. These rules are part of the American Competitiveness in the Twenty First Century Act (AC21). The requirements are that (a) the foreign national must be the beneficiary of an LC filing made 365 days prior (or I-140 in those cases that do not need the LC filing); or (b) the LC and I-140 must be approved, with no visa number (based upon the priority date) available."
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    If you are chargeable to India, you do not qualify under Section 104. You may qualify under Section 106, as modified, but you need to examine it carefully.
     

Share This Page