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

來源: mascotwu 於 2008-02-20 23:28:42 [] [舊帖] [給我悄悄話] 閱讀數 : (1221 bytes)
回答: 請教！辦 NIW 的律師費 由 mascotwu 於 2008-02-20 02:42:23

Thank you so much for bring this issue to my attention. I didn't know that "the 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"!

I had an employment-based green card case pending in my previous job. This case was automatically invalidated after I changed to my current job in Feb. 2007. I should have filed another employment-based green card application. But because my employer didn't sponsor it, and also because I didn't like this company soon after I joined it, I didn't file a new application. This means, currently without a pending employment-based green card case, I wouldn't be able to make the one-year extension to my H-1B!

It seems that, the only way I can have my H-1B extended is to try to have an I-140 petition approved before the end of this year (when my H-1B expires). Am I right? Besides, I noticed that there's another condition for the 3-year extentions: "an immigrant visa number is NOT available in the particular category". For NIW petition, is this automatically satisfied because the priority date for NIW is not current?

A thousand thanks!!

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