For R_ROSS
Can you please elaborate on the process/paperwork etc. submitted for your 7th year extension? I told my lawyer that a bunch of folks are getting their 7th year based on labor>365 (my case) but she\'s like no way - she thinks my application is invalid and shouldn\'t have been filed...
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How is this possible? My 7th extension paperwork was filed with the vermont center in end june 01. The application listed 3 months recapture and extension based on ac21. Got a remand in october asking for approved labor and copy of 1-140 filing. Since I don\'t have either (RIR is...
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Not true. You have to have both lca over 365 days and I-140 pending. I\'ve consulted several lawyers re this. My lawyer is pretty experienced - Fragomen, Del Rey, Bernsen & Loewy, P.C. (new york).
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My lawyer has changed since my 7th year filing. The new lawyer says that my 7th year paperwork should not have been filed at all (as I don\'t have a pending I-140). I\'m transferring to the UK next month.
I would say refile your labor under RIR or be prepared to leave the US for one...
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My understanding is that only work-related days can be captured. You should still file an extension just to get extra time to get your i-140 filed. You can ask your lawyer to file on the basis of recapture time outside the US.
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Is your company an indian start-up or something? I know the INS is checking a lot of smaller firms. You shouldn\'t allow them to take back your application.
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Got a letter from the INS today asking for status on my 1-140. Have until mid-dec to respond, we\'re not going to respond until close to the submission date. The INS didn\'t query on the recapture time or section 140 listed in the petition.
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The time outside the US has to be work-related and not vacation time (though in a few cases the INS hasn\'t queried on it).
Clarification - not loopholes in 106 but the law itself. My lawyer (from Greenboro and Traurig) basically presented two options for the INS to pursue. Off...
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Yes my case is similar. My lawyer said that there\'re enough loopholes in the law to file for a 7th year extension. She filed under two conditions - section 106 and time outside the US (80 odd days). The application is pending at the vermont center, was submitted end of june \'01. No...
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