7 th year Extension before 365 days complete

S

sunnybab

Registered Users (C)
Is it possible to file for 7th year extension before 365 days have been completed ?
[ My h1 6 year limit expires on 03/05/04 and my labor was filed on 02/27/03 so I I have only 5 days gap between my h1 6 year limit and 365 days of labor pending . ] so can I file few days in advance before 365 days complete just to be on safer side to avoid last few days running around.

Thanks in Advance
 
365 days should be passed and you need evidence to prove it that LC is pending more than 365 days, SESA letter that has PD on it will work as evidence
 
Hi Sunny,

Regardless when you submit the application for H1 extension, the time between the LC filed and H1-B exipration date has to be 365 days.

In your case you have 5 days in short. However you can apply to recapture the days if you were out side the USA on a business trip for more than those days that you need to fill up 365 days, i.e., 5 days you said. If you never traveled out side the USA in the past, what you can do now is that, you can go outside of the country on a business trip now or before your H1 expires, make sure it is more than the required days and please ensure that you have all the eveidences to submit later on. Stamp on your passport, I-94, tickets, employer's letter etc are the good evidences to recoup the days.

Hope this helps.

Thanks
 
Hi .Thanks For info loveus03 and ginnu .. My H1 6 year limit expires on 03/05/04 and my labor was filed 02/27/03 so I have 5 days difference. I heard , you have to wait till 365 days (of labor pending ) have passed before I can file 7 th year extension.

since in my case I have only 5 days to file and I m not sure if I will be able to get even receipt in those 5 days even if I file somehow, So I was wondering If can file for 7th year extension few days in advance before 365 days of labor pending are completed.

Thanks Much
 
If you hit 365 days before your H1 expire and have only 5 days to file H1 extension then keep the LCA approved by DOL ready and the evidence ready that you crossed 365 days, send the FedEx with all H1 extension papers to BCIS and it should reach BCIS after you crossed 365 days. For example if you complete 365 days on 15 august, mail the FedEx on 16th august and date on petition request should be 16 August, the BCIS may receive on 17 August
even if you dont get reciept for few days it will be fine, you may get reciept in 8-10 days, from Fedex tracking you will know when the papers reached BCIS that will be your reciept date
 
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