H1B Extension into 7th Year. Consular Processing

S

SB-2004

Registered Users (C)
My H1B Expires in April completing 6 Years and my GC consular processing is in final stage waiting for the priority dates to be current. Can I extend my H1B yearly until I get my green card ?
 
Here is the reponse from my attorney's office.

Our position on this issue and reading of the law is as follows: The decision was reached. I-140 approved, now nothing pending. Thus no h extensions.

Any reference/material that I can forward him would help.

Thanks in advance.
 
I got mine

My H1-B 6th year was expiring on Mar,30th 2005 and my I 140 was approved and case was with NVC. I filed 7th yr extn. on DEC30'2005 and luckilly it got approved on 12-FEB-2005.

So I would say do have fun with other things :) rather thinking about 7th year.
 
The clause for 7th extension is your labor must be filed 1 year before the date you apply for 7th year and your GC (485 or CP) is pending. It doesn't say your 140 should be pending or so and so.

So if your labor is filed 365 days before you file extension, then whether your 140 is approved or pending it doesn't matter, but make sure your attorney ATTACH apporved copy of labor and 140 filing/approval with petition. That is the key.
 
SB-2004 said:
Here is the reponse from my attorney's office.

Our position on this issue and reading of the law is as follows: The decision was reached. I-140 approved, now nothing pending. Thus no h extensions.

Any reference/material that I can forward him would help.

Thanks in advance.
Click to expand...
SB-2004,

It can be done and your's truely has gone through it.


What my attorney used in the application is below. Luckily somebody had asked me this about a year back and the note was still in my PM box.

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There is language of :
o labor being filed and it's priority date.
o 140 being filed & approved
o Copy of the approval notice.
o pending Imm. visa with NVC and ultimaltey US consulate.

Sections quoted from : 21st Cent. D O J AAA Amendments to section 106(a) of "AC 21" Pub L No. 107-272, 116 stat 1758. Section 11030A is amendment to 106(a) and 106(b).

The relevant section is being shown.

106(a) ends with since the filing of any one of the following (highlighted and bold, filing is underlined)

The footnote to filing is - lang. is clear – all that is reqd . is “filing”. No invalidation of the stat. Req. of a ‘filing’ if it is approved. No req. that the filing continue to be ‘pending’. ‘filing' is all that the law requires.
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Prosix,
I have a question for you. Is there any rule that 7th year extension(or any extension) can not be applied before 90 days ?

My H1-b is expiring in July first week. Can I apply my 7th year extension before April ?

I want to call my parents in June-July. For this i want to get approval for 7th year extension before they send papers to consulate or go for visa interview.

Thanks in advance.
june04
 
June04,

I am not sure, but I have read sometime back on Sheela murthy's website that you can file 7th year extension 6 months prior to expiry date of 6th yr.
 
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