回複：請教！辦 NIW 的律師費, Important! It may be to late for you to apply

來源: xsz 於 2008-02-20 18:25:38 [] [舊帖] [給我悄悄話] 閱讀數 : (2899 bytes)

you said that your H-1B will expire in the end the this year, I do not know what this means. If your 6th year H-1B will expire in the end of 2008, and you want to get the 7th year H-1B extension, it may be too late for you to apply for NIW now. unless your NIW petition will be approved before your 6year H-1B expire date. If your NIW petition is still in pending on your 6year H-1B expires day, your will not qualified for H-1B extension beyond 6year.

If you spent significant portions of time outside the U.S. during your 6 year H1B period, you can re calculate your H-1B time, then check if you still have more than 365 days remains before you submit your NIW petition.


Please go to USCIS website and read Yate's memo (2005) on AC-21. Please read the following words carefully( from ©MurthyDotCom ):

Basic Rules for H1B Extensions

There are two basic rules for extending the H1B beyond the six-year limit. One rule allows for one-year extensions beyond the initial six years, while the other allows for three-year extensions.

One-Year H1B Extension Rule

The rule that allows for one-year extensions requires that an employment-based green card case was initially filed at least 365 days prior to the requested start date for the H1B extension. This means that the first stage of the case (usually the labor certification, but potentially the I-140 petition in cases that do not require a labor certification) must have been filed 365 days before the start date of the H1B extension that requests time beyond the standard maximum of six years. The eligibility for these extensions does not depend upon visa numbers or any Visa Bulletin issues.

Three-Year H1B Extension Rule

The rule that allows for three-year extensions requires that the I-140 petition (second stage in labor-certification based green card cases; first stage in those cases that do not require a labor certification) has been approved and that an immigrant visa number is NOT available in the particular category. Visa number unavailability is determined by the Department of State Visa Bulletin, always available on MurthyDotCom. More information about how the Visa Bulletin works can be found in our August 6, 2004 article, Backlog Reduction May Impact Employer Priority Dates, as well as our November 5, 2004 article, Reminder: Priority Date Retrogression Expected. Both are available on MurthyDotCom.

Since the three-year rule requires non-availability of visa numbers, its applicability in any particular case is impacted by Visa Bulletin cutoff date movement. With the good news of the forward movement of visa numbers that will help many to file their I-485s, it could result in their only being able to gain one-year H1B extensions instead of 3-year H1B extensions, based on the priority dates now being current!



good luck

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