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Posted on 25 Jul 2011
Q.

7th year H-1B extension and options

I'm trying to understand my options if my I-140 application was to be denied due to ability to pay RFE.

Case:
- 6 yr of H-1b expires in Jan 2012 including recapture time
- PERM approved March 1, 2011, EB3 cat


1. By filing an appeal, can I extend my H-1b visa for another year. If so, can I apply for extension immediately after I receive the appeal receipt or do I need to wait till near the end of my 6yr on H1.
2. File the extension with a new company based on the appeal for I-140 for the old company and start a new perm with new company. Any risks?
3. What if 7-8 months down the line the appeal also gets denied. Thus that mean that the 7th year visa extension would be invalid.
4. Is appeal the best option or something else would be better.

Thank you for your advice.

User's Location: Herndon, Virginia, United States of America
Category: H1B Visa (Work Visa)
Posted on 26 Jul 2011
A.
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Michael Ryvin
Immigration Lawyer
Ryvin Wallace Group
(415) 765-0679

www.ryvinwallacegroup.com

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