Employer won't do 7th year extension -- Advice

P

pilla75

Registered Users (C)
Hello,
Sorry if I am in the wrong forum.
My 6 year period is expiring next month and my present company
won't do 7th year extension.

I am a concurrent filer , filed I140 in Sep' 02 and I485 in Nov '02.
Still waiting on both approvals . TSC.
My question is can another company file my 7th year extension,
and what are my alternatives?
Thanks and all the best
Pilla
 
Why dont you use your EAD. If you dont have one or

have not applied yet, then it may be little late as your H1B expiring next month.

But if your company wants to employ you then they have to do the 7th year extension, there is no other choice if you already dont have an EAD.

It seems to me by telling you that they wont apply for 7th year extension they are telling you that dont want to employ you.
 
Thanks for the reply sg94ahpw
My employer will terminate my employment in May which'll be 180days after filing of I485.
Coming to EAD I filed for it in Nov and am waiting on it too.
Looks like I have to go to the local INS office in Dallas and apply for IEAD.
Also my attorney said that I'll be in legal status even if the 7th year extension is not filed since my I485 is pending.
Coming to my question can I file 7th year extension thru a different company?
Thanks again for your reply.
 
Hi piila75

1. As you applied your EAD in November, you should be soon approved as I have seen posting that Dec EAD are now getting approved. In this case you will not have to worry about anything

2. You can certainly get an iEAD from local BCIS office. Different local offices have different policies about this. Please do a serch on this forum about your particular local office and you will get to know their current practice/policy about issung iEAD. But I think you will get your regular EAD by the end of next month.

3. About whether a different company can file 7th year extension , I am not 100% sure but I tend to believe that it should be certianly possible as the 7th extension year benefit is derived from the a the Labor condition or I-140 application. If your LC or I-140 has been approved and you have waited for mare that 365 days then you are eligible for the 7th year extension. I dont think that it depends on who the employer is. But as I said I am not 100% sure about this.

There will be side effect of having a different employer though. Having a different employer will raise question on the processing of your I140/I-485. You may be called for an interview at the time of your I-485 adjudication if your I-140 gets approved. BUt you may want to worry about this later.
 
Last edited by a moderator:
Hi sg94ahpw!
I didn't go for iEAD since my employer refused to give a letter stating that I am currently employed with them.
My 6year period is expiring on the 14th of April and I assumed the Immigration officer would for sure ask for the employment letter.
My question is when I talked to my attorney a while back she said that I don't need a 7th year extension since my I485 is pending ,is it true ?do u have any knowledge on that rule.
Thanks for your help
pilla
 
Hi Dont Panic

Since you had applied for 485 you are in Status, you dont have to worry , you can work as long as you have your H1 without any problem.

If you get your EAD before your H1 expiry you dont have to worry working without H1. So the 7th year extension is not needed.

Just in case if you dont receive your EAD before the H1 expiry, you would have to wait until you get your EAD to continue working.

In your case looks like you will be getting your EAD very soon.

Enjoy dont worry for anything. You are all set.
 
I agree with saimural.., I would prefer NOT to apply for 7th year extension through a different company, thats just inviting an interview or worse from INS.

You are in status 180 days after filin 485, so stay put.

If you dont get the EAD by then try for Interim EAD , or just dont work for a week otwo.

You will however always be in status.....

Good Luck....
 
pilla75, as other people here and your attorney pointed out

you do not need 7th year extension to maintain status. You will have a legal "adjustee" status in US by the virtue of your filing of I-485. Only thing is you will not be able to work during this time unless you have your EAD. Once you have your EAD you can start working for any employer.
 
Hi Guys!
Checked my 140 online status this morning and I see a RFE was issued. Don't know what the RFE is about I'll call my attorney monday morning.
If the RFE is about paystubs I am in trouble b'cause I am not being paid for the last couple of months but if it is about Company financial status I am ok b'cause my company is doing ok.
I applied for iead on the 4th in Dallas and got it the same day.
Maybe the Immigration officer thought that there is something wrong with my status my H1 is expiring on April14th and I applied for iead on April 4th.
Anways do I have anymore options left or should I quit trying.

Thanks for your advice
 
pilla75, did your company cancel your I-140?

I am wonderring why INS issues you a REF at I-140 stage?

Usually INS doesn't issue REF at I-140 stage, unless the sponsor company has some financial problem in thire report. But in your case you said your company has no problem.

So, make sure what's going on underneath before you reply the REF.

Please keep us posted what your REF is about.

Good luck!
 
Last edited by a moderator:
You must log in or register to reply here.
Top