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Listserv Q&A for
"Paparelli on Cutting-Edge Issues in Business Immigration Practice"

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Question:

I have a question regarding the extension beyond six years if a L/C has been filed before the end of the fifth: Once the President signs the bill, it will be some time before INS drafts regs. Meanwhile, the law permits someone to extend past 6 years. I'm inclined to file the extension (in some cases we have no choice), cite the law, and wait for INS to process. I assume that in the interim the beneficiary can remain in the US in lawful status and continue working.

Answer by Angelo Paparelli:

I agree that you should file the extension based on the law (assuming it is signed by the President). Existing regulations, i.e., 8 CFR 274a.12 (b)(9) and 274a.12 (b)(20), taken together, would grant the individual the earlier of 240 days or the date of INS decision on the H-1B extension of stay to continue working lawfully and to be allowed to remain in the U.S. Hopefully, INS would have issued a policy memo or interim regulation within the allotted time granted by the these regulations.


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