6th Year Extension question

[maharaj08817]

Guys,

My 6 years is expiring in 12 July, 2005. My company (A) applied for my Labour in June, 2004. I also applied a LC through another company(B) that was couriered to DOL and they received it on 12 July, 2004. Hoewever, the latest H1B1 approval I had received was approved till September 2006 (giving me an extra 1 year). Before I talk to my lawyers, I just wanted to find out if anyone of you have any first-hand experience or knowledge on the following questions ?

a) Since the H1 is approved till September 2006 ( although my 6 year expires in July,2005 - INS made a mistake, I guess) , do I need to file for 7th year extension before July 2005?

b) I am planning to stay with company A for now. Assuming that I stay get my 7th year extension thorugh Company A, can I change to company B sometime later ( say during my 8th year extension) ?


Thanks in advance,

 

[ginnu]

Guys,

My 6 years is expiring in 12 July, 2005. My company (A) applied for my Labour in June, 2004. I also applied a LC through another company(B) that was couriered to DOL and they received it on 12 July, 2004. Hoewever, the latest H1B1 approval I had received was approved till September 2006 (giving me an extra 1 year). Before I talk to my lawyers, I just wanted to find out if anyone of you have any first-hand experience or knowledge on the following questions ?

a) Since the H1 is approved till September 2006 ( although my 6 year expires in July,2005 - INS made a mistake, I guess) , do I need to file for 7th year extension before July 2005?
----- yes apply H1 extension and lawyer can point out the mistake on cover letter
b) I am planning to stay with company A for now. Assuming that I stay get my 7th year extension thorugh Company A, can I change to company B sometime later ( say during my 8th year extension) ?
---yes

Thanks in advance,

 

[maharaj08817]

One final question :

Now with all pending LCs going to BECs, is there a problem if both my pending labours are from the same state ( though different companies ) ?

 

[ginnu]

One final question :

Now with all pending LCs going to BECs, is there a problem if both my pending labours are from the same state ( though different companies ) ?

----- no problems

 

[kab_ayega_gc]

----- no problems

Hi Ginnu

I think you can help me here as I have been viewing your suggestions on various different threads and postings. I need help on my unique situation here. Tried posting on other threads haven't recvd a reply may be because the message is too big. Please find time to read and reply. I will be grateful.


Starting this May 11 I will be kicking into my 6th year of H1. My employer "X" has filed LC for me in Sep 2001. Currently its non-RIR and EB3 skilled worker class. Made to SFO DOL twice. Remanded both the times (once during auto remand). By now it has probably made to Dallas BPC. The reason for remand was no experience mentioned in the original application - a screw up by old lawyer and negligent HR. New lawyer FDBL at X has amended the application properly mentioning 3 years of experience and special skilss and are very hopeful of the outcome slow but sure.

At this moement I have an offer in hand from another company "Y", which sounds very lucrative. To add to the mix my passport and I-94 and even the H1B approval notice 1-129 says My H1-B expiry date is August 11, 2006. It should have been May 11, 2006 because I entered USA on May 12, 2000 on H1. Its not due to any mis-representation on my part.

Y has clarified that if I accept the offer:

1. They will file me a new PERM-EB2 before August 11,2005. But positively can not file before May 11, 2005 (due to 60 day SWA job posting and sunday news paper ads for my position).
2. They will be able to file H1 extension based on the current I-94 expiry date which is August 2006.
3. If needed they are also willing to file H1 extension based on X's pending labor. X won't withdraw my LC but since this is at the BPC level I could get 45-day notice anytime soon. And if I am not with X at that time, they will not reply and I could lose my LC.

Questions :
1> Whats the better option at the moment? New LC under PERM EB2? Or waiting for the non-RIR EB3 which has PD of 09/2001?

2> Does CIS check whether LC is really pending or they just look at SWA receipt that we submit? (in this case I am safe to make the move but if they somehwo notice that its revoked or not valid, I am screwed)

3> When Y applies for H1 extension sometime early next year will CIS look into my entry date ( which is only a stamp in the passport ) or the actual papers (I-129, visa and I-94) to count the 6 years.

4>Should I believe in this August 11 date at all or stick to May 11 as my expiry date? Its not my mistake that they gave me extra 3 months for no reason. All the documents say August 11.

5> Is it worth making such a big move for few more bucks at the cost of a four year old LC which protects me from retrogression? At the other hand Y is my dream company

 

[ginnu]

Hi Ginnu

I think you can help me here as I have been viewing your suggestions on various different threads and postings. I need help on my unique situation here. Tried posting on other threads haven't recvd a reply may be because the message is too big. Please find time to read and reply. I will be grateful.


Starting this May 11 I will be kicking into my 6th year of H1. My employer "X" has filed LC for me in Sep 2001. Currently its non-RIR and EB3 skilled worker class. Made to SFO DOL twice. Remanded both the times (once during auto remand). By now it has probably made to Dallas BPC. The reason for remand was no experience mentioned in the original application - a screw up by old lawyer and negligent HR. New lawyer FDBL at X has amended the application properly mentioning 3 years of experience and special skilss and are very hopeful of the outcome slow but sure.

At this moement I have an offer in hand from another company "Y", which sounds very lucrative. To add to the mix my passport and I-94 and even the H1B approval notice 1-129 says My H1-B expiry date is August 11, 2006. It should have been May 11, 2006 because I entered USA on May 12, 2000 on H1. Its not due to any mis-representation on my part.
------- if you entred US on May 12, 2000 then it seems that you have got H1 extension again filed in US, your 6 years or counted from your date of entry to US. If the extension petition was approved more than 6 years and you got I-94 more than 6 years with second H1 approval it seems to be mistake of lawyer/USCIS. you should get it corrected or file 7th year H1 BEFORE you hit 6 years ( you are eligible to file 7th year H1 extension as employer X LA is pending more than 365 days)
Y has clarified that if I accept the offer:

1. They will file me a new PERM-EB2 before August 11,2005. But positively can not file before May 11, 2005 (due to 60 day SWA job posting and sunday news paper ads for my position).
---- employer is giving correct info they may be able to file August then result can take arond 60 days ( I have not read about any PERM LC approval, not sure how much rejection rate is going to be)
2. They will be able to file H1 extension based on the current I-94 expiry date which is August 2006.
----- if your 6 year H1 expire in May 11, 2006 then 7th year H1 should be filed before MAY 11,2006( and in MAY 2006, you will not have PERM LC pending, if it gets approved and EB2 dont retorgress then you can file I-140, I-485, EAD based on approval of new LC ( I have read that EB2 may retrogess in 2006 for India China)
3. If needed they are also willing to file H1 extension based on X's pending labor.
----- that is better and let them file 7th year H1 extension BEFORE MAY 11,2006
X won't withdraw my LC but since this is at the BPC level I could get 45-day notice anytime soon.
And if I am not with X at that time, they will not reply and I could lose my LC.
----- that is the problem , you will loose LC and also the early PD to get GC early
Questions :
1> Whats the better option at the moment? New LC under PERM EB2? Or waiting for the non-RIR EB3 which has PD of 09/2001?
-------------- I will wait for EB3 LC that has PD of 09/2001 and will stick with that employer
2> Does CIS check whether LC is really pending or they just look at SWA receipt that we submit? (in this case I am safe to make the move but if they somehwo notice that its revoked or not valid, I am screwed)
--------- They CAN check
3> When Y applies for H1 extension sometime early next year will CIS look into my entry date ( which is only a stamp in the passport ) or the actual papers (I-129, visa and I-94) to count the 6 years.
------- when Y files 7th year H1 extension your LC should be pending and you need to have valid I-94
4>Should I believe in this August 11 date at all or stick to May 11 as my expiry date?
----- I will count 6 years from the first date of entry to US on H1 status
Its not my mistake that they gave me extra 3 months for no reason.
All the documents say August 11.
------ If they reject H1 or send RFE then your lawyer asks the reason of rejection from USCIS or they send the reason, May be your lawyer did the mistake on form I-129 or USCIS officer did the mistake, it is your duty to get it corrected or inform the USCIS mistake.

5> Is it worth making such a big move for few more bucks at the cost of a four year old LC which protects me from retrogression? At the other hand Y is my dream company
---------- I will NOT move to Y

 

[kab_ayega_gc]

Thanks a bunch Ginnu! One final question:

On what basis is 8th year H1 extension granted? LC pending for min 365 days prior to 6th year ending or Is it also given if LC pending for min 365 days prior to 7th year ending?????



I am trying to work this around. Want to keep the path to joining Y open. I am going to have Y file for my H1 extension I will join Y after my 7th year extension is approved from X. By the time 7th year completes Y will also have an LC pending for more than 365 days with Y so I could get 8th year if needed.

Thanks
KAGC