3 Year Increments of H-1B .. Need clarification.. Visa unavailability ..

K

kriskish

Registered Users (C)
Hi Guys,
My last date with my company is July 1st. RFE replied for 140 but I dont have hopes of getting approval as it is 3 yr engg degree issue. I have to work for the same company in India. I am already in the 7th year extension. Just now I saw this news ion the website www.Immigration-law.com.
_________________________________________________________________
Availability of H-1B Extension Beyond 6-Year Limit in 3-Year increment: H-1B extension beyond six year limit is available only in one-year increment for those whose visa numbers are available and who has filed a labor certification application and passed 365 days before reaching the 6-year limit. However, the rule is different for those who need extension of H-1B petition pending the labor certification application or petition or application and for whom visa number is not available. During the period of the visa number unavailable for him/her, he or she is eligible for H-1B extension in three-year increment. This difference can be important to the employers because of the outrageously expensive H-1B filing fees and cost.
_________________________________________________________________

My Questions are:

1) Can I change to a new company on H1 transfer ( did not use my ead) so that the new company can get 3 years of extension as I am in EB3 and the visa numbers are not available. My labor applied in 2001.
2) Can I use this thing in my case?

Gurus any information about this that will be great help for me. I am going to post this in the H1 section too.

Thanks in advance
KK
 
Last edited by a moderator:
Hi KK, Sorry for the bad news but I read some where that 3-yr H1-B extension beyond six-year is possible only if 140 is approved + 485 is retrogressed.
Will find the relevent link and post it here.

personally I WISH YOU ALL THE BEST with 140. Myself, I replied to RFE and am waiting for good news. I wish all the folks who replied to RFEs get their approvals soon, so that we can go and do better things in life.
 
Last edited by a moderator:
here is the link...

http://www.murthy.com/news/n_yath1b.html

read the section "Section 104(c) : "One-Time Protection" of Three-Year H1B Extension "


good news is that "H1B Extension Allowed with Different Employer" & "Appeal of I-140 Petition Allows One to File for H1B Extensions"

hope it clarifies.
 
H1B 3 year extension when 140 is in AAO (Appeal's office)

Can we get 3 year extension of H1B when 140 appeal is pending in AAO (Appeals office). If anyone finds anything about this please let me know.

Thanks.
 
rak1974 said:
here is the link...

http://www.murthy.com/news/n_yath1b.html

read the section "Section 104(c) : "One-Time Protection" of Three-Year H1B Extension "


good news is that "H1B Extension Allowed with Different Employer" & "Appeal of I-140 Petition Allows One to File for H1B Extensions"

hope it clarifies.
Click to expand...
Thanks Rak,
For all this issues only one solution. 140 Approval. Thank for the info it clarifies. I think I need to look for new employer and go for h1 and then apply perm and get 140 approval wait until 485 becomes current.
Thanks and just praying all gods to show some mercy.
KK
 
Hi KK,
I think, you can go for 3 year extention if you get your I-140 approval before July 1st. (Since you said July 1st is the last day). I hope, it does not say you have to apply I-485 for getting 3 year extention.

Correct me if I am wrong...

Thanks
 
HARRY007 said:
Hi KK,
I think, you can go for 3 year extention if you get your I-140 approval before July 1st. (Since you said July 1st is the last day). I hope, it does not say you have to apply I-485 for getting 3 year extention.

Correct me if I am wrong...

Thanks
Click to expand...
Hi Harry,
If I have my 140 then I will go with EAD. That is the only issue. If 140 is through I am through by using AC21. My company wont revoke anything. Just need to get a same and similar job. All the planning which I am doing now IF 140 gets denied.
Thanks again
KK
 
HARRY007 said:
Hi KK,
I think, you can go for 3 year extention if you get your I-140 approval before July 1st. (Since you said July 1st is the last day). I hope, it does not say you have to apply I-485 for getting 3 year extention.

Correct me if I am wrong...

Thanks
Click to expand...

Harry, you are correct that it doesn't say anything about applying for I-485. Thanks for correcting.
 
KK,
I would suggest you to find a good lawyer and file your labour through perm. Since you have a 3 yr degree make sure that your new labour uses the word combination of degrees allowed.
Also you can extend your H1 since your old labour was filed before one year of your H1 expiration and your I-140 is not yet rejected. Even in case your I-140 is denied you can still re-open your case. This way you might buy some time so that you have your new labour in hands. But this is just my thought, you might probably want to discuss all the possibilities to your lawyer or some gurus in this forum might shed some light.

I was wondering why you waited for so long when your PD date is 2001. You should have filed your new labour a lot earlier.
 
to_be_lucky said:
KK,
I would suggest you to find a good lawyer and file your labour through perm. Since you have a 3 yr degree make sure that your new labour uses the word combination of degrees allowed.
Also you can extend your H1 since your old labour was filed before one year of your H1 expiration and your I-140 is not yet rejected. Even in case your I-140 is denied you can still re-open your case. This way you might buy some time so that you have your new labour in hands. But this is just my thought, you might probably want to discuss all the possibilities to your lawyer or some gurus in this forum might shed some light.

I was wondering why you waited for so long when your PD date is 2001. You should have filed your new labour a lot earlier.
Click to expand...

Thanks Lucky for your concerns as always. My compan is very good one. I worked for them for 7 years. Company is also still doing great. They just want me to goto India and work there. So that they can save 80% of what they are paying here. I did not expect this will happen to me. Just to save money they are sending me back. Let me ask you one question:

If I join a new company now with 8th year ext ( I am already in 7th yr ext) and if they process my labor after 3 months of joining the company and my current labor is NOT used for somebody else can I extend H1 for 9th yr?

The reason is my current company will let me know about if they use that for another employee this will not happen as long as my current HR is with this company. She will let me know for sure.

Also if with new company if my 140 is approved then can I extend H1 for 3 yrs?

Please let me know. Again thanks alot for taking time.

KK
 
Hi Kriskish,

I wish that your response to 140 RFE works favorably and you get an early approval.

Good luck.

DIGS
EB3, India
RD Apr04
140 ??
 
DIGS said:
Hi Kriskish,

I wish that your response to 140 RFE works favorably and you get an early approval.

Good luck.

DIGS
EB3, India
RD Apr04
140 ??
Click to expand...
Thanks DIGS,
Earlier I was not having any hopes but after reading my RFE response again and again and again now my hopes have been rised a little. Like all RFE repliers my LUD changed 4 times and then paused. People were getting approvals after 8 or 9 business days. So I will wait until 27 or 28th. If my 140 gets approved and then I think I will be one of the luckiest persons of this world. I was always thinking of your approval before mine. I dont know why right from the beginning I was thinking the same. I am pretty sure you will get your approval very shortly.

Thanks
KK
 
Kriskish,

Thanks for the wishes. It is hard for not getting an early approval, but it much harder for seeing a denial and someone like you compelled to leave mid-way.

I'm also hopeful that your confidence should sail you through.

DIGS
 
kriskish said:
Thanks DIGS,
Earlier I was not having any hopes but after reading my RFE response again and again and again now my hopes have been rised a little. Like all RFE repliers my LUD changed 4 times and then paused. People were getting approvals after 8 or 9 business days. So I will wait until 27 or 28th. If my 140 gets approved and then I think I will be one of the luckiest persons of this world. I was always thinking of your approval before mine. I dont know why right from the beginning I was thinking the same. I am pretty sure you will get your approval very shortly.

Thanks
KK
Click to expand...
Kriskish,

As we discussed in other "3 year " engineering thread, I hope our letter to USCIS will favours you. I wish your I-140 will get approved in next week before our letter.

By the way, What documents and other evidence that you have submitted for the RFE regarding "3-year" engineering degree? Appreciate, If you could post or send (PM) the details of your reply to RFE to me. I am also like other have 3+3 (BSc+BTech) engineering degree as we discussed with Rajiv.

You can send me a PM or mail at perm_lc@yahoo.com

Thanks
 
perm_lc said:
Kriskish,

As we discussed in other "3 year " engineering thread, I hope our letter to USCIS will favours you. I wish your I-140 will get approved in next week before our letter.

By the way, What documents and other evidence that you have submitted for the RFE regarding "3-year" engineering degree? Appreciate, If you could post or send (PM) the details of your reply to RFE to me. I am also like other have 3+3 (BSc+BTech) engineering degree as we discussed with Rajiv.

You can send me a PM or mail at perm_lc@yahoo.com

Thanks
Click to expand...

Hi Perm,
I will post all the details today or first thing tomorrow morning. Thanks for the wishes. I have going through this hell form Dec 6th so two more weeks is not an big deal.
Thanks
KK
 
Kriskish

Krish,
I wish you get your I-140 ASAP. This is just a thought if it helps in any ways.
I have a friend whose company did exactly the same thing as what your company is doing. Sent him to India and made him sign a bond, that he will work for them at lower salary for 1 year, and company will continue to process his GC. He went to india for 1 year and came back last year with his green card..left the company and joined a great new job here. May be something you can consider if thats an option. I know its easier said than done, to leave your established home, work here and move. But if thats the only remaining option to save your GC, you may want to consider that.
 
co_istheworst said:
Krish,
I wish you get your I-140 ASAP. This is just a thought if it helps in any ways.
I have a friend whose company did exactly the same thing as what your company is doing. Sent him to India and made him sign a bond, that he will work for them at lower salary for 1 year, and company will continue to process his GC. He went to india for 1 year and came back last year with his green card..left the company and joined a great new job here. May be something you can consider if thats an option. I know its easier said than done, to leave your established home, work here and move. But if thats the only remaining option to save your GC, you may want to consider that.
Click to expand...
Hi Co,
Thanks for the suggestion. My problem is not processing of GC. Even If I am here in US my company will continue my GC they are not going revoke it. But my problem is my 140. Initially I was ready to go thinking my 140 process will take longer time. But luckily they looked into my application. They sent me RFE but thats a different story. Yeah I will wait until 29th June if I get an approval that will be excellent else will try another job on 8th year extension.
As I mentione earlier the evaluation we sent was very very good. If it satisfies the adjudicator that will be great else MTR, AAO.. and so on. Thanks again.
KK
 
DIGS said:
Hi Kriskish,

I read someone with 3-yr B.Com degree + 1-yr NIIT got 140 approved at CSC. Received 'Intent to Deny' which was successfully challenged by Attorney.

Check the thread http://www.immigrationportal.com/showthread.php?t=179263


DIGS
EB3, India
Click to expand...
Hi DIGS,
The problem is with NSC. Thanks for finding me that thread. My case would have been piece of cake if it was in CSC, TSC or VSC. But NSC its too tough.
Thanks alot
KK
 
You must log in or register to reply here.
Top