| Q. |
How to get H-1B extension?
My labor certification does not satisfy the 365-day period requirement for 7th year H-1 extension, and my I-140 is still pending. My H-1B expires in Dec 2008.
How can I get another H-1B extension? And for how long?
User's Location:
Dallas, Texas, United States of America
Category:
Employment-based Green Card
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| A. |
If you have been out of the U.S. throughout the period of your H-1B then you can "recapture" such time spent outside the U.S. and thus "increase" the six years. If you have time to recapture, and thus extend the 6 years of your H-1B, then if the the time your labor certification was pending turns out to be more than 365 days, you can renew your H-1B for one more year.
If this does not work, you may be able to take advantage of the I-140 premium processing procedure which was recently made available to folks who will "H out." This is only available if your H-1B visa has 60 days remaining, so it may be available to you some time in October 2008. If you can use this procedure, you will apply for I-140 premium processing, and upon approval, you can then file for H-1B extension for three years. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Thank you for the details! |
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| A. |
You are very welcome! |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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