LCA and six years H1-B cap

[jeetd]

I'll soon be completing my six years cap on H1-B and and I am planning to file for an extension of H1 based on the time that I spent outside US between these six

years period when I was not employed here in US. I am also planning to file my GC soon. I'll highly appreciate if you can kindly answer the following questions:

a) My H1B expires on March 16th, 2001. If I file for H1B extension in January 2001, and then file for my LCA before April 2001 , am I applicable for 245(i) ?

b) If i am applicable for 245(i), after filing for LCA, do I have to apply for adjustment of status before march 16th, 2001 or before april 30th, 2001?

c) Do i have to wait for my LCA approval, before I can file for my adjustment of status ?

d) I am hoping to get an extension of about three and half months that will allow me to stay in US till June 30th, 2001. If I have filed for my H1B extension, but haven't actually received it by March 16th, do I have to leave the country? Or just the filing is enough till I get a response from the INS?

e) If my LCA doesn't get cleared before the extended visa period of June 30th, then do I have to leave US?

f) If I have got my LCA approval before the June 30th deadline, but hasn't got my 'adjustment of status' approved before that date, then do I have to leave the country?

There was an artile on rediff.com on 10th January which talks about the confusion about the new law. Check that out.

[srinib]

I didn't want to answer this (and u wont get a

answer on this stinkin board) but u sounded so confused. here goes..
>> a) My H1B expires on March 16th, 2001. If I file for H1B extension in January 2001, and then file for my LCA before April 2001 , am I applicable for 245(i) ?

I assume when u say LCA, u mean LC. A LCA is labor condition application, for your H1, a LC is a Labor Certification, for GC. If you file your LC before April 30, 2001, you will be eligible for 485.

b) If i am applicable for 245(i), after filing for LCA, do I have to apply for adjustment of status before march 16th, 2001 or before april 30th, 2001?

No you dont have to. You have to wait for your LC and 140 to be approved. Once your H1 expires (and if your LC has not been approved and you dont have a 140 on file) you will be out of status. Once you are out of status, you dont have any protection. INS can catch u and deport you. Only when your 140 is approved, you can file 485 (adjustment of status) using 245(i) which forgives your out of status time.


>>c) Do i have to wait for my LCA approval, before I can file for my adjustment of status ?

Thats an LC and have to wait to get your LC and 140 approved before you file for AOS.

>>d) I am hoping to get an extension of about three and half months that will allow me to stay in US till June 30th, 2001. If I have filed for my H1B extension, but haven't actually received it by March 16th, do I have to leave the country? Or just the filing is enough till I get a response from the INS?

Once you file it, you can continue to remain in the same status until a decision has been reached on your case.

e) If my LCA doesn't get cleared before the extended visa period of June 30th, then do I have to leave US?

Thats a LC. You dont have to leave the US. You can continue to stay here but u will be out of status and deportable.


f) If I have got my LCA approval before the June 30th deadline, but hasn't got my 'adjustment of status' approved before that date, then do I have to leave the country?
You mean a LC. Dont worry about this. There is no way you will enter adjustment of status by then.. Let alone get it approved.


My feeling.. Its going to be a long time until you get your LC and 140 approval. File LC in RIR by Apr 30, 2001 to get 245(i). Once your H1 exprires, leave the US for a yr. Let your LC get approved and ask your employer to file 140. If your 140 is approved before you can reenter, you can process your gc overseas, provided your PD is current.

[tp126]

This reply is for Srinib

Hi Srinib. You sound to be expert. Here in this case, you assume that GC is for future employee. So a comany can initiate a GC process for anyone without employmeny. That means the person does not have to work for that company in order for GC to be processdd.

This means for jeetd, he will leave US (when H1 limit expires for one year and ree-nter on new H1 with the same comapny. Until then jeets 140 will be approved and he can file for AOS once the PD becomes current. So the questions are,

1. Can this be done. It means PD of previous H1 is carried to new H1, so also the I-140?


2. Is there any other discussion board that you can recommend for good advise?

Please help.

[srinib]

answers to tp..

>>1. Can this be done. It means PD of previous H1 is carried to new H1, so also the I-140?
The immigration process is totally separate from your non-immigrant status. You can work for a totally different employer or relax on some beach in india while a company files your lc and 140 and then come here with a gc in hand.
However, if u are here and working for a different employer while another is filing for u (and thus having a vacancy where u fit perfectly) thre is an element of doubt which could jeporside your case.