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help on 7th year extension
- Thread starter sree75
- Start date
AC21 Guidance says ...
For EB2 or EB3 categories, LC must have filed at least 365 days (1 year) prior to the expiration 6 yr. term limit "AND" at a minimum I-140 should have been filed to be eligible for the 7th year extension.
If filed under EB1 category, I-140 should have been filed at least 635 days prior to the expiration of the 6 yr. term on the H1-B.
But there are people, I have had (none I know personally) who have reported to have gotten their 7th year extension without the proof of I-140 filing.
Then again, this was a little back in time (meaning ~ 4 to 5 months back). The interpretations have gotten much better with INS and I hear that they adhere to the AC21 guidance very closely, unfortunate for a lot of us !!!!!
For EB2 or EB3 categories, LC must have filed at least 365 days (1 year) prior to the expiration 6 yr. term limit "AND" at a minimum I-140 should have been filed to be eligible for the 7th year extension.
If filed under EB1 category, I-140 should have been filed at least 635 days prior to the expiration of the 6 yr. term on the H1-B.
But there are people, I have had (none I know personally) who have reported to have gotten their 7th year extension without the proof of I-140 filing.
Then again, this was a little back in time (meaning ~ 4 to 5 months back). The interpretations have gotten much better with INS and I hear that they adhere to the AC21 guidance very closely, unfortunate for a lot of us !!!!!
Are you sure..?
Are you sure, we need to have I-140 filed before applying for H1 extension byond 6 years..? Please read the memo on AC21..May be I am not interpreting it properly...
Here is teh FAQ on AC21 from shusterman.com.. It says, that the employment based Immigrant Visa petition or adjustment of status should be pending for applying the H1 extension. Is 'Employment Based Immigrant Visa petitio", is it Labor or I-140..Please clarify...
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Q14: What benefits are available under AC21 to aliens with Immigrant petitions/adjustment applications?
A14: First, § 104 of AC21 lifts the per-country limits on employment-based immigrant visa numbers if the total number of visas available during a calendar quarter exceeds the number used. The Department of State is charged with issuance of these visas and maintenance of priority dates and availability. This issue will not be addressed in INS regulations.
Where the country caps delay an alien's immigration notwithstanding this provision, AC21 also provides for an extension of H-1B status until the alien's adjustment of status application can be processed and a decision made.
Finally, AC21 gives extensions of H-1B status in one-year increments to H-1B aliens who have an employment-based immigrant visa petition or application for adjustment of status pending if It has been more than 365 days since the visa petition or the labor certification application has been filed. Note that the adjustment application, labor certification, or visa petition need not necessarily have been pending for a year to obtain this benefit. The only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition.
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Are you sure, we need to have I-140 filed before applying for H1 extension byond 6 years..? Please read the memo on AC21..May be I am not interpreting it properly...
Here is teh FAQ on AC21 from shusterman.com.. It says, that the employment based Immigrant Visa petition or adjustment of status should be pending for applying the H1 extension. Is 'Employment Based Immigrant Visa petitio", is it Labor or I-140..Please clarify...
---------------------------------------------------
Q14: What benefits are available under AC21 to aliens with Immigrant petitions/adjustment applications?
A14: First, § 104 of AC21 lifts the per-country limits on employment-based immigrant visa numbers if the total number of visas available during a calendar quarter exceeds the number used. The Department of State is charged with issuance of these visas and maintenance of priority dates and availability. This issue will not be addressed in INS regulations.
Where the country caps delay an alien's immigration notwithstanding this provision, AC21 also provides for an extension of H-1B status until the alien's adjustment of status application can be processed and a decision made.
Finally, AC21 gives extensions of H-1B status in one-year increments to H-1B aliens who have an employment-based immigrant visa petition or application for adjustment of status pending if It has been more than 365 days since the visa petition or the labor certification application has been filed. Note that the adjustment application, labor certification, or visa petition need not necessarily have been pending for a year to obtain this benefit. The only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition.
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Not sure myself
DJay, I myself I'm not sure what the regulations are. There are a lot of ambiguity still and intrepretations are still being made of AC21. Guidelines from INS are yet to be issued.
I for myself would like to believe and happen for myself and others that if labor has been pending for 365 days, one can extend H1 into the 7th year.
I'm in that boat. According to my attorneys my case for H1-B extension will be taken up shortly (may be in the next couple of weeks). I'll share my experience in this board, for sure.
By the way my case is pending in Dallas DOL and the extension, I'm not sure where it has been filed.
Good luck
DJay, I myself I'm not sure what the regulations are. There are a lot of ambiguity still and intrepretations are still being made of AC21. Guidelines from INS are yet to be issued.
I for myself would like to believe and happen for myself and others that if labor has been pending for 365 days, one can extend H1 into the 7th year.
I'm in that boat. According to my attorneys my case for H1-B extension will be taken up shortly (may be in the next couple of weeks). I'll share my experience in this board, for sure.
By the way my case is pending in Dallas DOL and the extension, I'm not sure where it has been filed.
Good luck