I need help urgently

[kmap]

What is the name of your state? AZ
I came to the US in 2004 as a tourist and adjusted status as an HIB. My HIB is set to expire this Oct 2007. In my application, I was hired as an accountant but I never really practiced it. I performed another job although it requires a knowledge in accounting. I was told by my lawyer that it is not late for me to file for the HIB extension but another lawyer told me that its too late and I will just be wasting my money.The filing fees are set to double by the 30th of this month. I have not filed for the renewal simply because my bf and I planned of getting married. He advised me to just wait for my fiancee's divorce. However, we recently found out that his divorce has not reached its finality. What are my chances if I renew my HIB for another 3 years with a different position or job description?? I am hoping that we would do away in spending money for the renewal if the intention is to get married once the divorce is final. I have 2.5 months in waiting period. I don't want to overstay. Can I adjust status to a student visa holder? If so, what are the requirements? . What are the other things that you could advise me to do? Can I change my status back to tourist and extend my stay for 6 more months? If I overextend and get married, will I be granted an advanced parole?How long should I wait for the AP? Please help. I am totally confused.What is the name of your state?

 

[ImmigAttyLana]

It's not too late to file for an extension of your H-1B if your H-1B does not expire until October 2007. You will pay only about $130 more than you otherwise would if you could file before 7/30/07 but that's not really significant, considering the other USCIS filing fees are so much higher anyway ($750 or $1500 depending on the size of the employer)

If you do not extend your stay, then you will be out of status and start accruing unlawful presence in the US and you will not have employment authorization. It's a silly thing to do in your situation where you already have H-1B status and it is only a matter of extending it.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[kmap]

Thanks for the quick response. An attorney told me that I have to pay the ff: $190 payable to INS; $500 ACWIA fee (is this a requirement?); $750.00 (less than 25 employees) and of course not to mention the lawyer's fee. Is this right? Anyway, what is the possibility that my 3-yr. extension be denied? I am working for the same employer for almost 3 years now. Can I file the extension myself to avoid the atty's fees? Thanks for helping.

 

[ImmigAttyLana]

The $500 is NOT required if it is an extension filed by the same employer as the current employer. The other fees are correct and current only through 7/30/07. If you feel like you know how to file for the extension, you can file it on your own, of course. An attorney is not required, but most people are not familiar enough with the H-1B process to do it on their own. The filing fees are the employer's responsibility anyway and should be paid for by the employer.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[kmap]

thanks Lana. However, I still want to have an idea of the chances that my extension will be approved. If I file the extension one day before my current H1-B expires, will I be able to resume working while waiting for the approval? What about my driver's license? It also expires on the same day as my visa expires. Also, do I have to inform the Social Security Services that my petition is still under process? If not, when do you think I would get the result of my petition whether it's been approved or not.

Thanks a lot!!

 

[ImmigAttyLana]

Yes, your extension can be filed even a day before the current one expires. As long as it is before the current I-94 expires, it is considered as having been timely filed and that allows you to have continued work authorization for 240 days beyond the expiration date of the H-1B approval notice.

You do not need to inform anyone of having filed for the extension. As for your driver's license, you should be able to extend it with the receipt notice showing you've filed for the extension since that gives you permission to remain in the US lawfully while it is pending.

As for the extension being approved, if nothing has significantly changed from the time the original H-1B petition was approved, then there is really no reason why the extension would not be approved since substantively it would be a very similar petition, just asking for a different validity period.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.