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Immigration Q&A - November 22, 2009 Q1: H1B Visa Extension Beyond the Six Year LimitationI'm currently working with a H1B and it will expire soon so I can get a extension? I already have 6 years as H1B and I have labor certificate and my company filed I-140. Can I get a extension? Yes, you will be able to extend beyond the 6-year limitation. A Section 106(a) extension allows extensions in one year increments where you have a labor certification/PERM, I-140 or employment based adjustment application filed at least 365 days prior to the expiration of your current H1B visa status. In you case though, it would probably be in your best interest to premium process your I140 and get that approved. Then you qualify for a Section 104(c) extension which would allow you to obtain a three year H1B extension, provided that an immigrant visa is unavailable due to per country limitations. Q2: Employment During a Change of Status From H1B Visa to O1 VisaI am a physician from India. I currently have an H1B with my current employer and I have a pending O1 visa application with another employer. My lawyer told me that when my H1B expires that I can continue to work as long as my O1 application is pending. Is that right? No, that is not right. Once your H1B expires, you will have to wait for the O1 to be approved. You may remain in the US pending the adjudication of the O1 but you are not authorized to work. I recommend filing an application for premium processing as soon as possible. |
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The Messersmith Law Firm, P.C. |
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