Where to find a Quality Chicago Immigration Attorney

H-1B: Current Time Limits & Extensions

Under current immigration law, a person with H-1B work authorization can legally remain in the US up to 6 total years; 3 years at first, then an option to extend the H-1B another 3 years.rs.


There are two ways a person may extend their H-1B status beyond the 6 year limitation.

First, an alien may extend his H-1B status if it has been 365 days or more since he filed a Labor Certification Application (LCA), ETA-750, or an I-140, Immigrant Petition for Alien Worker. The reasoning behind this extension is to provide applicants for LCAs or I-140s more time while the US Citizenship and Immigration Services (USCIS) adjudicates the applications.

Aliens looking to extend their H-1B status through this exception may do so at 1 year increments until either their LCA or I-140 is adjudicated. There is no limit on how many consecutive 1 year extensions may be given, only that they may be given until the LCA or I-140 is finalized by USCIS.

For example, John is currently in the US on H-1B status. He has stayed 3 years and extended his status another 3. Aliens in the US are not eligible for Advance Parole if they are:

- in the US without a valid immigration status;

- an exchange alien subject to the foreign residence requirement;

- the beneficiary of a private bill; or

- under removal proceedings.

Illegal immigrants usually fall into two different categories, those who 1) entered without inspection or 2) entered with fraud. This article will discuss the differences, and possible remedies, for both.

Oftentimes, an immigrant who entered the country illegally does not know which of the two categories he falls in, but does know that both ways are illegal. And even though he may be right in so far that both categories stem from an illegality, the possible remedies to cure the immigration problems widely differ.

Entry Without Inspection vs. Entry With Fraud

The key difference between the two categories stem from where and how the alien entered this country, or in other words, what was the point of entry?

Entry without inspection occurs where the alien crosses the border without any inspection. This means that no authorities ever documented the alien's entry across the border. This includes crossing land and sea borders. Immigration attorneys may refer to this category as EWI.

On the other hand, entry with fraud occurs when an alien enters this country with inspection but gives or provides fraudulent information in order to pass inspection. A common example of this is when an alien uses another person's passport when flying into this country. An alien who passes through an airport is most likely not an EWI case, but rather an entry with fraud one because it is likely there was some inspection.

Remedies for EWI

Aliens who entered illegally, whether through fraud or without inspection, should be forthright in exactly how they entered the country as the remedies differ for both categories.

An alien who entered without inspection (EWIs) are one class who have very little chance of adjusting and changing their immigrant status, since they do not have one and have entered the country with no documentation. Under current immigration law, marrying a U.S.

The author has worked in the legal profession for many years and now contributes regularly to both online and print media.

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