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

來源: xsz 於 2008-02-21 10:30:01 [] [舊帖] [給我悄悄話] 閱讀數 : (1224 bytes)

Yes, because you have less than 365 days remains in your H-1B, your NIW petition have to be get approved before the end of this year. If you need submit your petition to NSC, there is very little chance your petition will be approved in this year.

For the 3-year extentions: "an immigrant visa number is NOT available in the particular category" means I-485, not I-140. If your I-140 has been approved and you also have submitted your I-485 before the end of 6th year, you can apply for 3-year extension.

The lawyer did not tell you? The lawyer must know, he/she just want your money.

As I said, you can re-calculate your H-1B time. 6year means the time you physically present in US. If you have spent some times outside US, you can add these time to your H-1B. For example, if you applied for your H-1B in china, your H-1B 6year time started on your entry date, not on the date issued in your H-1B I-797 form.
USCIS has a memo for H-1B re-capture of time, you can check and read it (The Administrative Appeals Office (AAO) issued a decision on August 22, 2005 that permits a person who was out of the country several days at a time to recapture those days and obtain an extension of H1B status.).

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