urgent H1B 7th year extension

M

mvnm00

Registered Users (C)
I have a typical case for 7th year extension and i wanted to have your advise on this.
My 6year H1B expired on 07/24/2004.
I have applied for Labor on 07/07/2003. The state Labor was approved and forwarded to Regional DOL on 08/05/2003. My 6year H1B expires on 07/24/2004. So my company's Attorney has filed for 7th year H1B on 05/04/2004. USCIS has denied my petetion and the reason was "show proof that the labor was pending for 365 days or more". A 30 day period was given to file for a motion to reopen with supporting documents. I received this denial notice on 07/26/2004 and my H1B already expired on 07/24/2004.

The Attorney has requested the state and regional DOL for Labor filing receipt dates and the DOL has sent the documents.The motion was reopened on 08/25/2004. Again USCIS denied my appeal and this time they desribed the reason as "the original H1 Petetion was apply too early (05/04/2004) and during that time the Labor application is not pending with DOL for more than 365 days" as my Labor receipt date is 07/12/2003. If my H1 petetion was applied after Jul'7'2004, i would not have any problems. My attorney calls me and says that my motion is denied and i have to leave the country.
Now my Attorney says that i could file again for a new H1 petetion under 'NUNC PRO TUNC'. I have few questions...

1. Iam just curious to know what would be the outcome of filing a new H1 now and chances of approval?
2. What are my other options?

Please suggest me ....

TIA
MM
 
mvnm00 said:
I have a typical case for 7th year extension and i wanted to have your advise on this.
My 6year H1B expired on 07/24/2004.
I have applied for Labor on 07/07/2003. The state Labor was approved and forwarded to Regional DOL on 08/05/2003. My 6year H1B expires on 07/24/2004. So my company's Attorney has filed for 7th year H1B on 05/04/2004. USCIS has denied my petetion and the reason was "show proof that the labor was pending for 365 days or more". A 30 day period was given to file for a motion to reopen with supporting documents. I received this denial notice on 07/26/2004 and my H1B already expired on 07/24/2004.

The Attorney has requested the state and regional DOL for Labor filing receipt dates and the DOL has sent the documents.The motion was reopened on 08/25/2004. Again USCIS denied my appeal and this time they desribed the reason as "the original H1 Petetion was apply too early (05/04/2004) and during that time the Labor application is not pending with DOL for more than 365 days" as my Labor receipt date is 07/12/2003. If my H1 petetion was applied after Jul'7'2004, i would not have any problems. My attorney calls me and says that my motion is denied and i have to leave the country.
Now my Attorney says that i could file again for a new H1 petetion under 'NUNC PRO TUNC'. I have few questions...

1. Iam just curious to know what would be the outcome of filing a new H1 now and chances of approval?
2. What are my other options?

Please suggest me ....

TIA
MM
Click to expand...

----- your lawyer has messed up your case becase he applied 7th year H1 when your LC was NOT pending more than 365 days and did not attach the evidence (SWA / SESA/ DOL reciept of LC filing date)of LC pending more than 365 days at the time of filing. you need good lawyer
 
Last edited by a moderator:
got 7th year approved....

Atlast all my prayers got paid off. My 7th year H1 was approved. I have filed under "Nunc pro tunc" with premium processing. It got approved in a week time. Also i got my H1 from the day my 6th year was expired for one full year. Iam so relieved now.

Thanks
MM
 
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