Being under my second H1B, with 8 months left, I am applying for a green card, will it be OK time wise?
Thank you!
Answer:
Under the American Competitiveness in the 21st Century Act (AC21), you can apply to extend your H-1B in one year increments beyond the 6-year limit provided you have a labor certification, immigrant petition, or adjustment of status petition filed/pending for at least 365 days. If you do not have any of these petitions filed yet, you will not be able to extend your H-1B and you will need to either switch to an H-4 dependent (assuming you wife has not reached her 6-year max) or find another visa classification. In short, for AC21 purposes, 8 months is not enough time.
However, if you are in the First or Fifth Preference Group of employment-based immigrants, or you are a National Interest Waiver case, you need not worry as you can file a concurrent immigrant worker petition and adjustment of status application which will keep you in valid status without the need to extend your H-1B visas.
Good luck!
I don't know, but sooner is better than later, as I understand it, so go to it!
I think that its enough time - before the interview or any formal procedures take place, immigration (USCIS) will send you an official document saying that your status as an immigrant will be continued during the period of time that you will have to wait to be interviewed, reveiwed, etc.
The immigration information post by website user , MyTend.com not guarantee correctness