b*****r
发帖数: 38 | 1 Please forgive me that I cannot type Chinese in my working computer.
Here I have two questions regarding my H1B extension beyond 6 years' limit
(1) Currently, I am a postdoc at National Lab and my H1B will reach 6
years' limit by this late September. I also got a faculty position and will
start my new job 08/17/2015. My NIW I-140 was approved in April , 2015, so
my new employer can apply H1B for me with up to 3 years extension because I
am unable to submit I-485, is that correct ?
(2) I also submitted EB1A I-140 in the middle of March 2015. Here my
question is that, if my EB1A I-140 were approved before my new employer
submit my H1B petition, should I still be qualified for 3 years H1B
extension?? I ask this question because in such case, I am able to submit
I-485.
I had been confused by these questions for a while and hope get answers or
suggestion from this board.
Thank you very much for everyone and I really appreciate your advices.
Thanks | N*****7
发帖数: 167 | 2 Yes to Q1
Assuming both your current H1B (National Lab) and future H1B (faculty)are
not subjected to H1B visa cap, you can have your H1B transferred and it
should be renewed for another 3 years because you have an approved 140 and
cannot submit your 485 yet due to visa unavailability.
Yes to Q2
But why didn't you file your 485 concurrently with your EB1a-based 140? If
this I-140 is approved and you then submit 485 subsequently before you start
your new job, you can still transfer your H1B but it will be renewed for a
year because you have a pending 485. | b*****r
发帖数: 38 | 3 Thank you very much for your answers which are very helpful for me. My
lawyer suggested me to submit NIW-140 first and then submitted EB1A I-140
later. Previously, I just want to get my I-140 approval to extend my H1B
and did not think about the 485. The lawyer told me if I submit 485
concurrently with EB1A I-140, if I-140 were denied, then 485 will be denied
at the same time. So, for security reason, I only submitted I-140 first and
if it is approved, then submit 485.
Anyway, your answers are very helpful to me and really appreciated.
Thanks
If
start
a
【在 N*****7 的大作中提到】
: Yes to Q1
: Assuming both your current H1B (National Lab) and future H1B (faculty)are
: not subjected to H1B visa cap, you can have your H1B transferred and it
: should be renewed for another 3 years because you have an approved 140 and
: cannot submit your 485 yet due to visa unavailability.
: Yes to Q2
: But why didn't you file your 485 concurrently with your EB1a-based 140? If
: this I-140 is approved and you then submit 485 subsequently before you start
: your new job, you can still transfer your H1B but it will be renewed for a
: year because you have a pending 485.
| N*****7
发帖数: 167 | 4 建议你问问你的律师你的EB1a的140能不能PP,如果可以的话马上追加PP，那140很快就
批下来啦。
denied
and
【在 b*****r 的大作中提到】
: Thank you very much for your answers which are very helpful for me. My
: lawyer suggested me to submit NIW-140 first and then submitted EB1A I-140
: later. Previously, I just want to get my I-140 approval to extend my H1B
: and did not think about the 485. The lawyer told me if I submit 485
: concurrently with EB1A I-140, if I-140 were denied, then 485 will be denied
: at the same time. So, for security reason, I only submitted I-140 first and
: if it is approved, then submit 485.
: Anyway, your answers are very helpful to me and really appreciated.
: Thanks
:
| b*****r
发帖数: 38 | 5 My lawyer does not suggest PP and told me that may cause REF.
【在 N*****7 的大作中提到】
: 建议你问问你的律师你的EB1a的140能不能PP,如果可以的话马上追加PP，那140很快就
: 批下来啦。
:
: denied
: and
| F*******8
发帖数: 19 | 6 那要是交485之前递的h1b tranfer, 现在交了485，h1b transfer is pending. H1b是
给一年还是三年？谢谢
【在 N*****7 的大作中提到】
: 建议你问问你的律师你的EB1a的140能不能PP,如果可以的话马上追加PP，那140很快就
: 批下来啦。
:
: denied
: and
| r**z
发帖数: 603 | 7 3 years
【在 F*******8 的大作中提到】
: 那要是交485之前递的h1b tranfer, 现在交了485，h1b transfer is pending. H1b是
: 给一年还是三年？谢谢
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