H1B 7th year extension while BEC pending

I applied for 7th year extension on Jan 30th and got my approval on last week. It is non premium processing. VSC.

rgds,
akela
 
H1B 7 years processing time -- more than 140 days

I applied for the 7 th extension. the receipt date is 10/22/2005, and I got email on 3/14/2006 and was told the case was approved.

akela said:
I applied for 7th year extension on Jan 30th and got my approval on last week. It is non premium processing. VSC.

rgds,
akela
Click to expand...
 
Can I change employers in 7th yr H1B with no 45 day letter?

Can I change employers in 7th yr H1B with no 45 day letter?

Hello, I'm hoping someone can help answer a question....

My GC application is sitting in the Dallas Backlog Reduction Center (priority date Feb 2005)... no 45 day letter yet.

In Feb, I had a 7th year priority processed H1B approved, so my H1B is good until Feb 2007. I had an unexpected job offer with a large reputable company, in similar work to what I am doing with my current company... can they transfer my H1B in the 7th year & apply for a green card for me, without my having to leave the country for a year?

My green card application is dated early 2005, & no 45 day letter has been received yet. If the new company can transfer my H1B, can they take over my priority date, or do they have to start again? If they have to start the GC process again, am I able to get another H1B 1 yr extension given it is unlikely that a new application will receive a 45 day letter by next Feb?

Can anyone help with these questions???

thanks!
 
You can change employer. However...
- Your previous priority date cannot be retained (as you don't have 140 approved)
- your new employer cannot transfer the process and they have to file entirely new labor application
- Your 45 day letter situation does not matter here.
- you need to use the proof of labor pending for more than a year, to apply for your new extension with the new employer. You may be able to get a screen shot for this purpose from DBEC.

- rspr

kh2866 said:
Can I change employers in 7th yr H1B with no 45 day letter?

Hello, I'm hoping someone can help answer a question....

My GC application is sitting in the Dallas Backlog Reduction Center (priority date Feb 2005)... no 45 day letter yet.

In Feb, I had a 7th year priority processed H1B approved, so my H1B is good until Feb 2007. I had an unexpected job offer with a large reputable company, in similar work to what I am doing with my current company... can they transfer my H1B in the 7th year & apply for a green card for me, without my having to leave the country for a year?

My green card application is dated early 2005, & no 45 day letter has been received yet. If the new company can transfer my H1B, can they take over my priority date, or do they have to start again? If they have to start the GC process again, am I able to get another H1B 1 yr extension given it is unlikely that a new application will receive a 45 day letter by next Feb?

Can anyone help with these questions???

thanks!
Click to expand...
 
7th yr H1B, questions on options

7th year H1B visa issue. I have a 7th year visa that expires in Jan 2007. If I want to change employers now, is it possible or will my H1B become invalid if my old employer withdraws the Labor certification process? I would very much appreciate if you could shed some light on this. Thanks. :confused:
 
guys, please post your action about Monday so we atleast have an approx no.of faxes going out to Ms.Chao

We have the address but does anyone has the fax number?
I would say all of us who ever wants to fax & mail letters to every authority. lets do it on April 3rd.
Remember it is April 3rd and this has to be coordinated to all forums mainly to Dallas BEC and PBEC and same subject has to be used in all the fax's & Mail.

DOES ANYONE GIVE ME THE FAX NUMBER?
Please cut and post below into all forums with fax number you visit this way it will be coordinated.


--------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)

April 3rd and APRIL 4th

Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.

Subject: Delay in Foreign Labor Certification application approval process at BECs



DOL Contacts

Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000

Mr. Paul T. Conway
Chief of Staff
(202) 693-6007

Mr. Steven J. Law
Deputy Secretary
(202) 693-6000

Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100

Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003

Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000

Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210




Below is the sample draft:
-------------------------
Dear Sir / Madam,

Sub: Delay in Foreign Labor Certification Application approval process at BECs

I would like to bring it to your attention the delays in LCA approval process at the two BECs, most notably the Philadelphia. I have been waiting for almost 2 years since the commencement of two BECs and have not recieved our apporvals.

Me and my family are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.

I would be highly obliged if you look into this matter as soon as possible.

Sincerely,
your name
City, State, Zipcode
__________________
Case Status:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR
EB 1/2/3
---------------------------------------------------------------------------
 
H1B transfer while I am in 7th year extension

Gurus,

Here is my situation:

-My labor is pending with Dallas BRC (PD Oct 2004 EB3 RIR)
-I completed 6year by Dec 2005 and currently on 7th year extension which is valid till Dec 2006.
- Now, I would like to join another company who are ready to transfer my H1 and start PERM right away.
- My question is -- when we transfer the H1 at this stage, can we apply for 8th year extension together with the transfer?

OR

Do we need to transfer the H1 first and apply for 8th year later ?

If I get transfer+8th year extension, my H1 will be till end of Dec 2008, that buys me enough time for any further extensions with the new company, if it requires.

Thanks.
 
MainLCcheck said:
Gurus,

Here is my situation:

-My labor is pending with Dallas BRC (PD Oct 2004 EB3 RIR)
-I completed 6year by Dec 2005 and currently on 7th year extension which is valid till Dec 2006.
- Now, I would like to join another company who are ready to transfer my H1 and start PERM right away.
- My question is -- when we transfer the H1 at this stage, can we apply for 8th year extension together with the transfer?

OR

Do we need to transfer the H1 first and apply for 8th year later ?

If I get transfer+8th year extension, my H1 will be till end of Dec 2008, that buys me enough time for any further extensions with the new company, if it requires.

Thanks.
Click to expand...


Best thing is to dop the extension and Transfer together. That way it will be chaeper as well as allows you to capture all time in old H1b which is remaining


You can do it that way
 
luckyPBPCer said:
7th year H1B visa issue. I have a 7th year visa that expires in Jan 2007. If I want to change employers now, is it possible or will my H1B become invalid if my old employer withdraws the Labor certification process? I would very much appreciate if you could shed some light on this. Thanks. :confused:
Click to expand...

If you change now you will get H1b for the Balce period till Jan 2007. If you would have changed in Jan 2007 you could have filed another Labor with that employer which will be used for Next yaer extension ( after 7th Year)

If you change now and your employer cancel the Labor you will not be able to do the 8th Year extension with New employer. If your ld employer does not cancel the Labor you can still do that. ( matter of getting screen shot and using Future employment option. But question might come as to ahy you keft him first to join later at Future after GC)

Consult an attorney as each case is different deending on all the facts involved
 
saknia said:
Best thing is to dop the extension and Transfer together. That way it will be chaeper as well as allows you to capture all time in old H1b which is remaining


You can do it that way
Click to expand...

Hi Saknia,

Thanks for your time and response.

That means, I will be able to get the H1 till dec 2006(by transfer) + 8th year extension, which is till Dec 2007. Is that true ?

Some people are saying that they may not grant 8th year extension now itself, since I have 9 more months on my 7th year extension, can you please comment on this.

Thanks again.
 
------------------------------------------------------------------------------------------------------
PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)

Dates: April 3rd (preferable) and APRIL 4th (if you forget)
MAKE A CALENDER ENTRY

Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.

Subject: Delay in Foreign Labor Certification application approval process at BECs

WE ARE NOT VOTING ON WETHER WE WANT TO FAX or MAIL.. I would say lets do both. IF you prefer Fax send a Fax(if you get the number please provide us the fax number too), if you prefer Mail send a mail. I recommend BOTH ways.




DOL Contacts

Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000

Mr. Paul T. Conway
Chief of Staff
(202) 693-6007

Mr. Steven J. Law
Deputy Secretary
(202) 693-6000

Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100

Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003

Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000

Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210


ABC
----
abc.news.magazines@abc.com

2020@abc.com
Subject: 20/20

abc.news.magazines@abc.com
Subject: Primetime

thisweek@abc.com
Subject: THIS WEEK

ADDRESS:
ABCNews,
7 WEST 66th Street,
New York, NY 10023.


NBC
----


Dateline@NBC.com
WT@nbc.com
MTP@NBC.com
nightly@nbc.com
today@nbc.com

ADDRESS:
NBC News
30 Rockefeller Plaza
New York, N.Y. 10112


MSNBC
-----
viewerservices@msnbc.com
msnbcinvestigates@msnbc.com
abramsreport@msnbc.com
countdown@msnbc.com
hardball@msnbc.com
Connected@MSNBC.com
Imus@msnbc.com

ADDRESS:
MSNBC TV
One MSNBC Plaza
Secaucus, N.J. 07094



CBS
----

48 hours
CBSNews.com,
524 W. 57th St.,
New York, NY, 10019

60 minutes
CBSNews.com,
524 W. 57th St.,
New York, NY, 10019


---------------------------------------------

Department of Labor
Stephen Stefanko - Certification Manager
ETA- Philadelphia Backlog Elimination Center
Division of Foreign Labor Certification
1 Belmont Avenue, Suite 220
Bala Cynwyd, PA 19004

FAX: (484) 270-1600
--------------------

Department of Labor
John Barlett - Certification Manager
ETA - Dallas Backlog Elimination Center
Division of Foreign Labor
700 North Pearl St., Suite 400N
Dallas, Texas 75201

FAX: (214) 237-9135
---------------------

NATIONAL OFFICE
William Carlson - Chief Director
200 Constitution Avenue, NW Room C4312
Washington, DC 20210

FAX: (202) 693-2768


Below is the sample draft:
-------------------------
Dear Sir / Madam,

Sub: Delay in Foreign Labor Certification Application approval process at BECs

I would like to bring it to your attention the delays in LCA approval process at the two BECs, most notably the Philadelphia. I have been waiting for almost 2 years since the commencement of two BECs and have not recieved our apporvals.

Me and my family are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.

I would be highly obliged if you look into this matter as soon as possible.

Sincerely,
your name
City, State, Zipcode
__________________
Case Status:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR
 
MainLCcheck said:
Hi Saknia,

Thanks for your time and response.

That means, I will be able to get the H1 till dec 2006(by transfer) + 8th year extension, which is till Dec 2007. Is that true ?

Some people are saying that they may not grant 8th year extension now itself, since I have 9 more months on my 7th year extension, can you please comment on this.

Thanks again.
Click to expand...

To my knowledge, regular extension can be aplied within 180 days before expiration.
There may specail rule while applying trasnfer and extension which I am not aware.
 
Please Help

Need some help:

I want to know whether I can apply for H4 extension based on the RECIEPT of H1 extension.

Or have I to wait till the H1 extension notice is recieved and then apply for H4 extension.
 
newitguy said:
Need some help:

I want to know whether I can apply for H4 extension based on the RECIEPT of H1 extension.

Or have I to wait till the H1 extension notice is recieved and then apply for H4 extension.
Click to expand...

You can apply for H4 extension concurrently with the H1 extension application.
 
Screen shot from PBEC

Hi here is my a little complicated story.

I have a pending LC with PBEC filed in March 2005. Currently I am not with that company. My H1 expires in Sep 2006. I need to apply for my 7th year extension. In the meantime I got PERM LC approval with the new employer and very soon I will be filing I 140. Now I need to apply for 7th year extension based on the pending LC since that is the only LC case which qualifies me for 7th year extension.

So I requested for screenshot from PBEC on my own, got no reply. I talked with the lawyer who filed my LC in March 2005, she said we can request for screen shot only in June. She is saying then only PBEC considers it as urgency and sends screen shot.

Pl. advise the best approach to take.
Another question is is it possible to file 7th year based on pending I140 which is only a few months old?

Thanks in advance.
 
Genius said:
Hi here is my a little complicated story.

I have a pending LC with PBEC filed in March 2005. Currently I am not with that company. My H1 expires in Sep 2006. I need to apply for my 7th year extension. In the meantime I got PERM LC approval with the new employer and very soon I will be filing I 140. Now I need to apply for 7th year extension based on the pending LC since that is the only LC case which qualifies me for 7th year extension.

So I requested for screenshot from PBEC on my own, got no reply. I talked with the lawyer who filed my LC in March 2005, she said we can request for screen shot only in June. She is saying then only PBEC considers it as urgency and sends screen shot.

Pl. advise the best approach to take.
Another question is is it possible to file 7th year based on pending I140 which is only a few months old?

Thanks in advance.
Click to expand...

Send the request in the following format. U can send to both PBEC OR DBEC.
You will get the reply in few hours.
I got within one hour. Earlier I sent mails without this format, I did not get reply.
Please let us know if u get reply.


Dear Sir or Madam,
Our Law Firm kindly requests a status update on one of our clients which we had filed in December 2003 and would like a written letter confirming that this case has been forwarded to the Philadelphia Backlog Reduction Center, is still pending, and states the date which it was received.

Company:
Name:
Date Filed:
State in which LC was filed: Illinois

If you could, please send a response as soon as possible. We thank you for your time and prompt attention to this matter.

Kind regards,
 
Re: 7th year extension

Thanks Nirvan for your response.

One quick question. It seems that I need to send this on the behalf of lawyer firm. Is it? which email id did you use I mean was it yahoo/hotmail/gmail etc or some company email id?
Waiting for yoru reply.

Thanks
 
Case Status

Team,

Today morning i sent an email to PBEC for my case status and they replied back within a hour with a screenshot on my case. My case is all the way behind in March 2005. But what encourages me is that they have entered partial data for cases that far long.

I am hoping that they finish entering data by June and start adjudicating cases.

Good Luck.

EB-2 RIR
State NJ:
Priority Date: March 21, 2005
ETA Case No: T-05202 - XXXXX
 
Genius said:
Thanks Nirvan for your response.

One quick question. It seems that I need to send this on the behalf of lawyer firm. Is it? which email id did you use I mean was it yahoo/hotmail/gmail etc or some company email id?
Waiting for yoru reply.

Thanks
Click to expand...

I have sent it from my office ID. But this office is different from what I mentioned in the LC.
So, I think thye won't mind where from u send it.
Try both and c.
u will get reply within hours.
 
Address?

One quick question:
Should I give the same address as on LC application? B'cos my resi address is changed and I have notified INS about the address change.
Thanks
 
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