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Hi everyone. I’m Indian married to Thai, both in USA.
• My PERM was filed 6 months before max 6-year H1B expiration (all overseas time recaptured)
• Since I’m in ROW (cross-charging to Thai) and EB2, I-140 (Premium Processing) and I-485 will be filed concurrently. I-140 gets approved in 2 weeks. 6-year H1B expires days after.
• AC21 says you can extend H1B beyond 6 years:
AC21 104(c): if you have an approved I-140 and you are not eligible to file I-485 ONLY BECAUSE you are from a backlogged country.
AC21 106(a): if PERM was filed 365 prior to H1B expiration. I clearly do NOT qualify for this one.
Questions:
• I cannot use AC21 104(c) because I’m in ROW through my spouse, correct? Which means I can’t get an H1B extension, correct?
• It takes 90 days to get an EAD after filing I-485. During these 3 months, I will lose my job and cannot work anywhere, which I cannot afford to do. What to do?
• How can I get any form of work authorization immediately after the expiration of my 6-year H1B? I cannot afford any break in my employment.
• My PERM was filed 6 months before max 6-year H1B expiration (all overseas time recaptured)
• Since I’m in ROW (cross-charging to Thai) and EB2, I-140 (Premium Processing) and I-485 will be filed concurrently. I-140 gets approved in 2 weeks. 6-year H1B expires days after.
• AC21 says you can extend H1B beyond 6 years:
AC21 104(c): if you have an approved I-140 and you are not eligible to file I-485 ONLY BECAUSE you are from a backlogged country.
AC21 106(a): if PERM was filed 365 prior to H1B expiration. I clearly do NOT qualify for this one.
Questions:
• I cannot use AC21 104(c) because I’m in ROW through my spouse, correct? Which means I can’t get an H1B extension, correct?
• It takes 90 days to get an EAD after filing I-485. During these 3 months, I will lose my job and cannot work anywhere, which I cannot afford to do. What to do?
• How can I get any form of work authorization immediately after the expiration of my 6-year H1B? I cannot afford any break in my employment.
