H1B 7th year extension while BEC pending

F

fogman1

Registered Users (C)
Hi,

I am initiate this thread to discuss some H1b 7th year extension related questions for folks unfortunately have Labor Certification application pending at BEC, either Philly or Dallas.

Here is some knowledge obtained from Philly BEC thread until today. I hope it helps

1. see http://workforcesecurity.doleta.gov/foreign/times.asp, you can request proof from BEC, which will be honored by INS. It probably take 3 weeks to get back a computer screen shot (using "print screen" key) showing your LC application pending.

2. Some folks went ahead with only 45-day letter and got approved.

3. It's your own judgment whether or not to go forward with/without item 1. However, keep in mind item 1 is officially endorsed by DOL and fairly easy to obtain.


Email,
Dallas: h1b7yr@dal.dflc.us
Philly: h1b7yr@phi.dflc.us


Except from DOL website
H-1B Visa Extensions

DOL has worked with CIS to set up a new system in the Backlog Elimination Centers to assist individuals who have submitted an application for permanent labor certification prior to March 28, 2005 and need proof of the submission to apply for an extension of an H-1B visa.

Individuals should send an e-mail to the appropriate Backlog Center explaining the need for the H-1B extension and requesting verification that their application is pending at the Center. The email addresses are h1b7yr@dal.dflc.us for the Dallas Center and h1b7yr@phi.dflc.us for the Philadelphia Center. Include in this request all pertinent information (employer name and address, alien name and address, date of filing, state where filed, case number, if known).

The Backlog Center will respond to the individual with verification that the application has been pending for 365 days.
 
7th year extesion

Hi,

Thanks for valuble information.

1. Can an individual approach INS for 7th yesr extesion? OR Employer(with help of lawyer) has to do it?

2. I heard that the INS fee for extesion is same as earlier($200 or some thing) as long as the employer is same. Is it true?

Thanks
Srinivas
PD: 12/03
RIR
Illinois
45days letter received
 
Can we apply H1B for 3 years after 6 years on H1B

Please review the section under "06/17/2005: Visa Number Unavailability or Retrogression and Helpful Information for Survival", where in it is stated that "During the period of the visa number unavailable for him/her, he or she is eligible for H-1B extension in three-year increment.". The above information is from http://www.immigration-law.com/Archive XI.html.

As you all aware that EB3 visas are currently not available until Oct'05. So I would like to go for this option, even though my H1B will expire during the month of February 2006.

Also we all aware that, we know better than most of our attorneys. So I would like to show some concrete evidence that, we can apply for three years extension instead of one year.

Please post the information on where I can get this information from valid government source.

Thanks in advance

SRK
 
Hi srkotturu,

My understanding is the 3-year extension only applies to those I-140 been approved, however can't file I485 because of retrogression. If H1B expires while LC pending, you can only go for 1-year increment.

Also I just googed "H-1B extension three-year increment" and there seems no changes recently.

for examle,

http://www.linandvaldez.com/h1.asp


srkotturu said:
Please review the section under "06/17/2005: Visa Number Unavailability or Retrogression and Helpful Information for Survival", where in it is stated that "During the period of the visa number unavailable for him/her, he or she is eligible for H-1B extension in three-year increment.". The above information is from http://www.immigration-law.com/Archive XI.html.

As you all aware that EB3 visas are currently not available until Oct'05. So I would like to go for this option, even though my H1B will expire during the month of February 2006.

Also we all aware that, we know better than most of our attorneys. So I would like to show some concrete evidence that, we can apply for three years extension instead of one year.

Please post the information on where I can get this information from valid government source.

Thanks in advance

SRK
Click to expand...
 
RE: My understanding is the 3-year extension only applies to those I-140 been approve

It may not be true. Please read the following lines from the same source mentioned earlier.

However, the rule is different for those who need extension of H-1B petition pending the labor certification application or petition or application and for whom visa number is not available. During the period of the visa number unavailable for him/her, he or she is eligible for H-1B extension in three-year increment.

There is no mention about I-140. May be we should search a bit hard. If, we could find a valid source, we all can save thousands of dollars. As we all aware, the Backlog is BACKLOGGED and also LOCKED. There is no ray of light.

Pl. let us search and find the government source.

SRK.
 
Last edited by a moderator:
uscis.gov/graphics/lawsregs/handbook/ac21guide.pdf

states with I140 appoved you can ask for 3 year. AC21 104c. Several years passed, there could be changes...

good luck with your future search!

srkotturu said:
It may not be true. Please read the following lines from the same source mentioned earlier.

However, the rule is different for those who need extension of H-1B petition pending the labor certification application or petition or application and for whom visa number is not available. During the period of the visa number unavailable for him/her, he or she is eligible for H-1B extension in three-year increment.

There is no mention about I-140. May be we should search a bit hard. If, we could find a valid source, we all can save thousands of dollars. As we all aware, the Backlog is BACKLOGGED and also LOCKED. There is no ray of light.

Pl. let us search and find the government source.

SRK.
Click to expand...
 
That is true. You can get 3 year extension only if your 140 is approved. Hope this helps.
 
what your screen shot tells you?

a friend got it saying: waiting processing.

I know someone received it with status : "incomplete"; someone got it even "certified".

what do you guys get?
 
I sent an email to Philly on 5th July for extension proof and am awaiting the response. Maybe I get it next week or so...
 
please come back and post when you get it.

Thanks!

dcmetro22042 said:
I sent an email to Philly on 5th July for extension proof and am awaiting the response. Maybe I get it next week or so...
Click to expand...
 
response from PBEC

can someone interprete this for my friend (RIR, NYS, no 45 day letter received yet):

"This is in response to your inquiry on your pending application for
Foreign
Labor Employment Certification.



DATE OF ACCEPTANCE FOR PROCESSING:
11/02/2001


Dear Employer:

This is in response to your inquiry regarding the pending Application
for
Alien Employment Certification. Your application on behalf of abc xyz
was
filed with the State Workforce Agency (local office) on 11/02/2001.
The
application is waiting processing.


Current processing information can be obtained by visiting our website
at
http://atlas.doleta.gov/foreign.


Sincerely,


STEPHEN W. STEFANKO
Certifying Officer"
 
Alright, just got an email back from the Philly BEC with screenshot. Case status says 'TR', which makes sense since my PD is April end 2003.
 
dcmetro22042,

What does 'Case status TR' mean?

Thanks

AwardMyGC

dcmetro22042 said:
Alright, just got an email back from the Philly BEC with screenshot. Case status says 'TR', which makes sense since my PD is April end 2003.
Click to expand...
 
dcmetro22042 said:
TR= Traditional since mine is NON-RIR Labor case
Click to expand...


dcmetro22042,

I'm :confused: .

I have heard of case status like 'waiting processing','incomplete' and 'certified'. But not 'TR'. Hmmm......

Thanks

AwardMyGC
 
screen shot

Hi DCMetro,

Can you please provide me ur Priority date ? Is it SWA or regional??
Also can you provide some digits from ur case num??
I want to track how many cases are entered in system every day ??
I got a screen shot with case num T05153-51*** ( CT SWA case with PD of July'2003) I did not get 45 day letter.
 
AwardMyGC said:
dcmetro22042,

I'm :confused: .

I have heard of case status like 'waiting processing','incomplete' and 'certified'. But not 'TR'. Hmmm......

Thanks

AwardMyGC
Click to expand...


My case status: "RIR" from screen shot which i received from DBPC
 
dcmetro22042,

May I know when is your H1 Expires? Mine is expiring in Feb, 2006. I don't know if it's too early to send email to Philly for the extension proof now.

dcmetro22042 said:
I sent an email to Philly on 5th July for extension proof and am awaiting the response. Maybe I get it next week or so...
Click to expand...
 
What is difference between "waiting processing" and "incomplete"???? Any one can shed some lite on this issue????

I recieved screen shot from PBEC stating I am RIR and with incomplete status....
 
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