Fountainhead

Section 104(c) of the new H-1 law, states that " any alien who--

(1) is the beneficiary of a petition filed under section 204(a) of that Act for a
preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and
(2) is eligible to be granted that status but for application of the per country
limitations applicable to immigrants under those paragraphs, may apply for, and the
Attorney General may grant, an extension of such nonimmigrant status until the alien's
application for adjustment of status has been processed and a decision made thereon.

Now, here is my question:

By the time my H-1B (six year term) expires, I hope to have filed an I-140 petition. If
and when I file the I-140, I am obivously "eligible to be granted that status." Now, since
I am an Indian citizen and therefore subject to the per country limitation, am I eligible
to apply for a one-time one year extension?

Thanks in advance for your response.

NP

Ingo

:

>Section 104(c) of the new H-1 law, states that " any alien who--
>
>(1) is the beneficiary of a petition filed under section 204(a) of that Act for a
> preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and
>(2) is eligible to be granted that status but for application of the per country
> limitations applicable to immigrants under those paragraphs, may apply for, and the
> Attorney General may grant, an extension of such nonimmigrant status until the
> alien's application for adjustment of status has been processed and a decision made
> thereon.
>
>Now, here is my question:
>
>By the time my H-1B (six year term) expires, I hope to have filed an I-140 petition. If
>and when I file the I-140, I am obivously "eligible to be granted that status." Now,
>since I am an Indian citizen and therefore subject to the per country limitation, am I
>eligible to apply for a one-time one year extension?

If it has been at least a year since your Labor Certification was filed, yes - and it's
not just a one-time one-year extension, but rather you can keep extending it until your
Priority Date is current.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).