Hareeshd

Hi folks,

After several discussions here, I sent out for renewal of my H1b and H4 for my wife.
It is based on the pending I485 with priority date of more than one year based on new
rules of AC21 since 6 years of my h1b has already passed. Per these new rules, I
understood, we were supposed to get extension for one year. I do not know why they
have done it for 3 months only. In fact it is for 3 months and one week. HAS INS MADE
ANOTHER BLUNDER HERE, AND HOW SHOULD I TRY TO CORRECT THEIR MISTAKE ?????

Also, the problem is that I think my I485 will still take more than 3 months to
process. I have applied for EAD more than 2 months back and still has not
received that, possibly could take longer than 3 months of current h1. So that
means that I have to keep applying for extension of h1 and h4 every 3 months
????? That is terrible.

Please help to avoid this mess.

Hareesh

Sylvia Ottemoeller

HareeshD wrote:

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These extensions are normally available for a period of up to one year.

Based on some experience I've had, I suspect that your LCA may have had a 3-month
period indicated on it. INS cannot approve H-1B status beyond the limits of the LCA,
regardless of the requested dates on the I-129.

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You may be able to get interim work authorization 90 days after the I-765
receipt notice, at the INS district office. That should carry you through until
you get the EAD.

So that
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You should be able to fix the problem (if you really need to) by having the employer
either request a correction of an INS mistake, if that was the case, or having the
employer obtain another approved LCA for the entire one-year period, and then file
another I-129, if my suspicion (see above) is correct.

Do you have a good attorney working on this? I would suggest that you ensure that you
get experienced, professional help. The LCA mistake, if it was an LCA mistake, is a
sign of amateur help.

Hareeshd

I checked again and the LCA was requested and approved for a period of 09/02/01 to
09/01/02. No question. Our passports are also valid for more than one year. So it
seems INS mistake. What do you think. In which case, can it be corrected just by
taking all relevant documents to local office, or we will have to send a letter or
something to CSC ??? How long are they going to take, since current H1b and H4 are
valid only until 12/08/01. Should I go ahead and send another application for
extension ??? I do want to be on H status rather than I485 pending and EAD and
advance parole e.t.c.

As for the attorney, I have a good one for I485, but H extension, EAD, e.t.c. I am
doing myself. I have done it before, this time it seems INS showed her true nature.
Hope there is an efficient way to fix it.

Sylvia Ottemoeller

HareeshD wrote:

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This will not work at all.

or we will have to send
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Only CSC can correct the problem.

How long are they going to take, since current
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You would not have to apply for extension until the 3-month approved H-1B period is
almost over. In the meantime, it would be worthwhile to try to get a correction.

I do want to be on H status rather than I485
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This is the kind of situation that lawyers are good for. Why not ask your
I-485 lawyer?