6 Years Expiring & don\'t wanna to pack the bags...

T

tommyboy

Registered Users (C)
Hi there,

Here\'s a suitiation -

1. 6year H1 expiring in Feb 02.

2. Regular labor still pending at local ins in NY since early 1998. Chances of this getting cleared are slim to none, at best.

3. I140 not filed yet as labor is not cleared.

What are the options? From what I understand, I have to start packing bags as nothing can be done as I140 not filed yet.

Is there a possiblity of a 7th year extention? If so, under what section or rule? I have heard some talk about section 106 - but have no idea.

Thanks
 
LC Pending; H1 extension

As long as your LC has been pending for more than a year, that is all you need for a 7th year extension. You do not need to have a I140 filed to qualify for this extension process. So, you are good - I just got my extension based on this clause... Do get your extension application filed right away - talk to a good lawyer who will present the case well to INS based on more recent laws...
 
why?

I just read this on the Murthy bulletin:
(http://www.murthy.com/chat1217.html)
------------------------
Chat User : Is it possible to extend H-1 beyond 6 yrs if labor is pending for more than 365 days?

Attorney Murthy : Generally, it is not possible to do that based solely on LC pending. The I-140 should be pending or the I-485 should be pending or, according to the latest meeting with INS HQ, even after the I-140 is approved.
-----------------------

I will be in the same sitaution shortly. I don\'t see my LC being approved by the time 6 yr. expires. It is good to know that there is a case apporved for the extension in the similar situation. I don\'t know why Murthy said this. As far as I understand, the AC21 also says that if LC is pending for more than 365 days, h-1 shoudl be extended.

Anyways, let\'s hope for the best.
 
r_ross, what clause are you referring to?

Could you please post the clause and its source?

FAQs and text of the bill on shusterman\'s site say that extension is not possible without the immigration petition pending. The two attorneys we had consulted confirmed this. Plus, we just got our visa stamps on 7th year extension at US consulate (Toronto) in October and we were asked to show I-140 receipt during the interview. Thus, I am very curious as to what we missed when we researched on the matter previously.
 
No Title

Hi,
My I-140 is cleared and my H1B 6 Yr prd is expiring in March 2002. I am planning for applying 7th Yr H1B Ext based on I-485 filing. My question is Can I get the 7th Yr H1B Visa stamped in India? My lawyer says, when I-485 is filed you should get the visa stamped within US, bcos if you go out, I will be in out of status (until I get 7th Yr H1B stamped!!!) which is not good.

I need insight in to this peculier situation. Any help is appreciated.
 
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