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I would like to know if the new rule for extension of H1B beyond the period of six years after approval of I140 and Adjustment of status is also applicable for consular Processing?
Kindly help
Thanx
Kindly help
Thanx
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NOT legal advise:
Your H1B is not extended, it expires after 6 years no matter what.
With AOS however, you can stay in the US if 180 days have passed since I-485 was filed. When H1B expires, you need advance parole to travel out side US and be admitted back in.
With CP this does not work. However, if you are still waiting for packet 3, my lawyer says you can file I-485 to secure your stay in the US. -
IS rule for H1B extension applicable for CP?
As per the new immigration provisions passed last year you H1 can be extended in 1 year increments till you get you Green card on the conditions that.
1. You have been in waiting for > 365 days since you approved labor.
Now the sticky situation is that the INS is yet to being implementing this provision. So till they start no one really knows if CP is covered or not. Till a crear direction is provided in the form of a memo we are all just shooting out own opinions.Comment
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