3 more months to H1B expiration- Can I apply for 7th yr ext

7

7thyearext

Registered Users (C)
Hi,

Could anyone give me some insight whether I can apply for 7th year extension if I still have 3 more months in my H1-B.

The situation is this:

My H1 B visa is valid till june 04 . My sixth year gets over in sep 04. Can I file for 7th year or do I have to file for the remaining 3 months and then only file for 7th year ext. Has anyone faced this type of situation.

Thanks in advance.
 
Could anyone give me some insight whether I can apply for 7th year extension if I still have 3 more months in my H1-B.

The situation is this:

My H1 B visa is valid till June 04. My sixth year gets over in sep 04.
---- You can file for H1 extension before June 04 or expiry date of your I-94, you can by law apply H1 extension 6 months advance of your I-94 or H1 expiry date
Can I file for 7th year
----Do you have LC filed for you and pending more than 365 days?
---- Do you have I-140 or I-485 pending? If the answer is YES to any of above you can file 7th year H1 if answer is NO then you are not eligible to file 7th year H1.

or do I have to file for the remaining 3 months and then only file for 7th year ext.
---- Remaining 3 months if no LC pending more than 365 days and no I-140 or I-485 pending
Has anyone faced this type of situation.
----- Many, who were jumping here there and no employer filed LC for them and had to go back
 
Thanks !!

Thanks a lot Ginnu.

I have my I 140 and I 485 pending for more than 8 months now. The catch was that my attorney said that you cant file for your 7th year extansion as your six years (getting over in SEP) wont be over when your visa is expiring (JULY).

Attorney said: You gave to apply for H1 extension for the three months and after those three months apply for the 7th year ext. I dont want my company to pay for the two visa as I think it will be a waste in case of the first (processing time itself would take 3-4 months). So was asking if someone had filed for 7th year extnsion with a couple of month remaining in their stipulated 6 years of H1 B
 
File the 7th year H1 Extension and for 3 months extension at the same time. You have I-485 filed and will get 7th year H1 extenson? why you did not write in earlier post that I-485 filed????????
 
I would file your 7th yr extension in the next month or so....because it is taking them 90-150 days for them to process this. My 7th year was filed in 10/30/03 and I still haven't received it yet, right now at VSC they are processing 9/30/03...I've been told that I should expect the approval well after the 150 days.
 
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