140 not applied, but LC 1yr old. Can I extend H1 beyond 6yrs ????

R

Ram Donthireddy

Registered Users (C)
Hi,

This is the situation:
Priority date Oct 1997. Labour certification still pending. 6yrs of H1 expires Dec 2000.

The question:
Do I qualify for an extension beyond 6yr as per the new rules (soon to be a law).

Any help is appreciated.

Thanks.
 
No Title

HI

I HAVE FILED FOR MY LABOR CERTIFICATION ON JULY 98 AND IS STILL PENDING. MY H-1B IS EXPIRING ON JAN 2001. THE NEW LAW WHICH I UNDERSATND UNDER PROVISION 6 PRECRIBES FOR EXTENSION OF ONE YEAR FOR THOSE WHO HAVE FILED OR PENDING I-140.

PL CLARIFY IF I CAN GET EXTENSION OF ONE YEAR UNDER NEW RULE

THANKS

SATISH SAKHUJA
 
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As per the statement described in the s-2045 bill, only those candidates who HAVE FILED I-140 and WHOSE LABOR OR I-140 IS PENDING FOR APPROVAL FOR MORE THAN 365 DAYS can extent the visa on one year basis.

That means if your labor is still pending, then you cannot extent the visa beyon 6 yrs.

check with your attorney as allways
 
No Title

Hello,

My case is as follows..

 I had a labor cert cleared from my prev company
 and I140 was filed in May\'2000, unfortunately
 I had to shift companies, the job is similar
 so now under new rules since old employer had
 already filed I140 and it was with INS can
 can i apply for a 1 yr extension later with my
 new company.
 My H1B expires Aug2000.

 thanks,

--H1 visa holder
 
No Title

Hello,

My case is as follows..

 I had a labor cert cleared from my prev company
 and I140 was filed in May\'2000, unfortunately
 I had to shift companies, the job is similar
 so now under new rules since old employer had
 already filed I140 and it was with INS can
 can i apply for a 1 yr extension later with my
 new company.
 My H1B expires Aug2002.

 thanks,

--H1 visa holder
 
No Title

No you cannot. You can do that after filing adjustment of status and after 6 months you can switch employers. If you do it right now you lose everything, maybe not LC if you are in the same area.
 
No Title

Actually it is not clear yet.
Most of the web site says that you have to have started 1-140.
But I have received letter from my lawyer telling that it is not necessary to start 1-140 in order to be eligible to extend H1B beyond 6 years.
See anouncement from lawyer association at www.immigration-law.com.
They say that we can extend if labor is 1 year older without starting 1140.
I am also checking this issue.
 
No Title

it is true.. I just read at www.shusterman.com :

For H-1B visa holders with a pending employment-based green card, and who filed a labor certification or I-140 at least one year prior, the six year time limit it waived, with extensions granted in one year increments until the green card petition is either approved or denied
 
No Title

You guys or missing something here. Shusterman site says clearly that the people are not eligible to get 1 year extensions if their petition is with labor department. Read the following.....

However, Section 106 provides that the extensions shall be granted past the six year limit to the following persons H-1B workers who are beneficiaries of EB visa petitions, or who have submitted applications for adjustment of status, and only if 365 days or more have elapsed since (1) their employers filed applications for Labor Certification on their behalf, OR (2) since an EB petition has been "filed" on their behalf. Notice that an H-1B worker whose application is still with the Labor Department is NOT eligible for an extension under Section 106.
 
No Title

I would like to defer with Surender. It is true that some immi.
lawyers (Shusterman, Murthy) have interpreted the ACTA section 106 in a way that says you have to have a pending I-140 and blah blah ... to
qualify for H1 extension beyond 6yrs. At the same time there are a few immi. lawyers (Rajiv Khanna, Cyrus Mehta) that say that you need
not have filed for I-140 to qualify for the H1 extension.

FYI, I received a reply from Rajiv Khanna (immigration.com) saying that, I quote "You will qualify".

I plan to use him to represent my case for an H1 extension beyond 6yrs. Feel free to talk or email him.

Basically, the whole thing boils down to how you and more importantly INS, interprets the law. And that\'s why lawyers amke so much money :-)

Section 106 of ACTA is definitely not very clear.

Hope this helps.
 
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My first LC was filed in July 1999. My first I-140 was filed in Feb 2000. Due to circumstances I had to depart from the company. The I-140 was approved in August 2000. Ofourse my previous LC/I-140 are void since I am longer employed with the same company. I am currently waiting for my second LC to be approved ( expected by the end of the year ). The sad thing is that my 6 years ( on an H-1 ) are up in Jan 2001 which will give me enough time to file the second I-140. Now I was told that I can maintain my priority date from the first LC/I-140. If that is so, am I eligible for a H-1 extension since my first LC was file more than 365 days ago ???????
 
No Title

While initially most people interpreted that section (106) would also be applicable to LC waiters > 365 days, the analysis has since been changes. I think that was the intent of the new law but has been improperly phrased and leading to the conclusion that a 140 is required.

Ron Gotcher from Imminfo, held onto the opinion that pending LC > 365 days is enough but has since changed his opinion. Are you sure Rajiv Khanna thinks LC is enough ? His summary seems to indicate 140 is needed. I will check with him again, he is my GC attorney anyway.

My H1 expires (6 years) Dec \'15 2000 and my LC (PD is Jan 1998) is likely to be approved end of Jan/Feb 2001. I do not have many vaction days to recprure either.

I am thinking of going to F1/B visa.
 
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I received an email reply from Mr. Rajiv Khanna to my query regarding extending H1 beyond 6yrs within the framework of the ACTA. He said that I would be eligible. I am currently not a client of Mr. Khanna. Since you are, I will appreciate if you can talk to him and find out more information about this and post the same here.

BTW, imminfo.com website still says that I would be eligible (i.e.) if LC > 365 days, and so does immigration.com.
 
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Have you confirmed with your lawyer about H-1B extension even LC is pending yet. Could you please reply, it will help lot of people like me.

What is your situation now

Thanks
 
No Title

Different lawyers seem to have different opinions about H1 extension
beyond 6yrs (based on ACTA). So, to play it safe I was waiting untill
I applied for I - 140. My LC was approved Dec 20, 2000. I will apply
for I - 140 this week. Once I get a receipt for I-140, I plan to apply for H1 extension for 1 yr as per ACTA. Right now I have applied
to recapture time spent outside USA (the app. is still pending at INS). So, very likely I may have to file an ammendment to the above
extension for INS to consider my case for 1 yr extension.

BTW, my current 6yrs of H1 has expired on Dec 12 2000.
 
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