Retroactive Extensions of Temporary Status for Certain Adjustment Applicants
Posted Aug 19, 1998

INS has announced that certain persons in E, H1B or L-1 status who filed for adjustment of status before March 17, 1997 and whose status expired while the adjustment application was pending may be eligible to retroactively extend their status. The basic requirements are:

1) Between March 17 and September 5, 1997 they either failed to file for extension of stay or their application for extension was denied because of uncertainty as to the effect of a pending adjustment application on an extension request.

2) They have not yet been issued a work permit or advance parole (travel permission), or would otherwise be considered to have worked or traveled without permission prior to issuance of a work card or advance parole.

Applications to extend stay can be approved retroactively, dating back to the status expiration date. Those satisfying the above criteria whose applications for extensions have been denied are eligible to file to reopen the previously denied application.

For those who recall, The Law Office of Sheela Murthy posted articles in the Spring and Summer of 1997 in our Immigration Law Bulletin advising that the INS had finally changed its position to allow H1B extensions even after filing the adjustment of status, which was a reversal of the earlier policy of the INS. It is advisable to contact your lawyer to discuss legal options available and maintenance of status. If you do not have an attorney and wish to contact The Law Office of Sheela Murthy, please send us an e-mail to law@murthy.com or call our Office at 410-356-5440.