urgent H1B 7th year extension

[mvnm00]

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

 

[kriskish]

Identical Case with my bro.. has to leave the country..

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

Hi Mvnm,
I am really sorry to hear that. This is just identical to my brother's case. He left the country already. However the attorney filed new H1.. from the date where they have requested until.. i mean to say.. they applied intially until Jan 2006 Jan 14th.. which got denied.. and before getting denial they applied from Jan 2006 Jan 15th to Jan 2007 Jan 14th... it got approved...
Hope this helps..
Thanks
KK

 

[GC_DJ]

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

Your attorney is very ignorent. The USCIS has issued a notice way back that 7th year extension has to be filed only after labour is pending for more than 365 days. Change your attorney before you do anything.