6th year expiring...no LC filed.

C

coolrajm

Registered Users (C)
Hi,

i am in little difficult situation. Can someone tell me what are my option sin below case:

My 6th year of H1B is expiring 31st Dec'06.
My company has not filed my LC yet but now they are ready to file it.
I came to USA 9 months after my first H1B approval.

So can i appply for LC now and somehow i get 9 month extension on my H1B that will give me 1yr of duration of LC filing date (Hopefully) to get extension after my H1b expiry with 9 month extension?

Thanks for any help.
:confused:
 
coolrajm said:
So can i appply for LC now and somehow i get 9 month extension on my H1B that will give me 1yr of duration of LC filing date (Hopefully) to get extension after my H1b expiry with 9 month extension?

Thanks for any help.
:confused:
Click to expand...
Your situation is not clearly stated. You said you came to the US 9 months after H1 approval. is that 9 months literally after approval or 9 months after H1 start date. If it's the latter, you can get 9 more months and most likely can get 7th year extension based on pending LC. If it's the former, recalculate how many months you have to recapture.
 
Last edited by a moderator:
Thanks.

H1B start date: 1/1/2001
Expires: 12/31/2006

I entered USA on 9/27/2001.

So i can get this 9 months as extension is that right? Is there any complication in such extension?

And if my company start LC process within a week i can get 7th year extnesion thats right. Not sure about How LC priority date works?

Thanks.
 
You came to USA 9 months after your first H1B approval. You can get 9 more months and may get 7th year extension based on pending LC.
 
coolrajm said:
H1B start date: 1/1/2001
Expires: 12/31/2006

I entered USA on 9/27/2001.

So i can get this 9 months as extension is that right? Is there any complication in such extension?
Click to expand...
Yes, you can get 9 more months.
And if my company start LC process within a week i can get 7th year extnesion thats right. Not sure about How LC priority date works?
Click to expand...
Priority date is the day that LC was filed, which is widely interpretted as "received by authority". Next time you apply for extension in Dec, you can ask 1 year and 9 months if you file LC by end of Sep.
However, you need to remember that you have to run AD before filing PERM and AD takes a few weeks. If you did not finish that yet, you do not have much time. You must ask employer to run AD AS SOON AS POSSIBLE.
 
I have 9 months left on my H1-B and no labor filed yet. If my company files Labor now and it gets approved within 3-4 months as is the case with PERM. Am I eligible for the 7th year extension as my labor has been approved before 6 year ending. Thanks a lot to all.
 
You have to meet either of
1. LC is 365 days old
or
2. I140 is approved

before 6 year expiration.
 
You can recapture several times, too. If you have 2 months left, and you recapture 9 months, that makes 11. In those 11 months, you can leave for another 2 months, and come back, and recapture those again, to make it 13 months. That way you can push it across the 365 day mark.

Good luck!
 
I am in a very difficult position. My 6 years of H1 expiring January 15 of 2007. My wife’s GC is pending and it did not attain the family application.

I got a new job and the new employer transferred my H1 from the previous employer. During the interview, we discussed that my H1 is expiring soon and they accepted that and applied for a short time project.

The new H1 got approved from September 1 till Jan 15. But now they are saying they don’t want for such a short period. I don’t understand why they did not realize that when they signing the I 129.

Is there any way, I can claim for the compensation between September 1 to Jan 15 if they don’t want to hire me?

Please help. I am sorry if I posted in the wrong thread.

Thanks.
 
I think you can not ask compensation as you did not provide service yet.
It's better to look for other employer.
 
7th Year Extension based on previously LC

Hi

My 7th Year extension will expire in Jan 2007, I want to know if I can change my company and my new company can file for my H1 extension based on LC application filed by my previous employer.


Thanks
Sandeep
 
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