7th Year 3-year-Extension

desi_girl

Registered Users (C)
Hi folks,
Is it possible that my H1-3 year Extension can be approved and granted for 1 year extension only? Just want to make sure.
My I-140 is already approved. And Pending 485.
I have AP and EAD- Would this affect the 3 year extension?
Please let me know.

Thanks
 
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I believe that your I-140 approval would warrant a 3-year H1B extension. I'm in the same boat. My lawyer informed me that I would be getting a 3 year extension on my H1B since my 140 has been approved and my 485 has been pending (for a long time).
 
Hi akilhere,
Thank you for your response.
I did not explain clearly in mt message.
I already received my 1- year extension.I was actually hoping for a 3-year but was granted extension only for 1-year.
I wanted to find out if it is possible!.

Thank you
 
3 yr extension is for those who can not file 485. Those who have already filed 485 can get 1 yr every year. Having filed 485 entitles you AP/EAD and 180 portability.
 
Can you get 1 or 3-year extension if you don't want to file I-485?

I got my long waited LCA with PD 2001 and EB-2 type lately and I could start apply for I-140 and I-485 together right now. But I don't want to start them because I plan to leave the current employer. I'll be in my 6th year H-1B visa very soon. I would like to get 1 or 3-year extension on my H-1B visa after my current visa expires. However, since I don't have plan to apply for GC from the new company either, how could I get the visa extension? Do you think it would help if I get an approved I-140 from the current employer?

Thanks for any advices.
 
I got my 3 years Extension on H1B

I just got my H1B extended for 3 more years. This is my situation....

First of all, just want to let you guys know that this is my first post message board EVER... :p

My H1-B 6 years expired on June 2005.

I filed for 1 year extension, and got approved until June of 2006. (this is my 7th year). During the 7th year, I got approved for the Permanent Labor Certification. Then I applied for I-140 and got approved. But I could not apply for I-148. I have to wait for that.

So, I filed the 3-year extension (since I read that if you already got approved for I-140 -- you can do 3 years at a time). Since I alredy got approve on the 7th year. I don't know that I have to apply only 2 more years or I can apply for only 3 years and hope they don't deny my application. I called INS, she said I should file for 2 years because I already got approved for the 7th year. LUCKY me I didn't listen to her. I went ahead and filed for 3 years....And I got approved. So, the new H1-B that I just got approved is for the 8th - 9th and 10th year.

I hope this will help answer any question that most people have. I have done some research on this issue, but I have not found anyone mention this.

Good luck to all who want to file extension beyound 6 , 7 or 8 years. :)
 
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desi girl

You can get a 3 year extension since u have ur 140 approved and 485 pending. You need to specifically ask for 3 year extension explaining your elgibility. I am also in the same boat as u and got H1b extended for 3 years after gettin 2 one year extensions.

For those ppl who just post their opinions, If you are not sure about what you are syaing just don't say it. It puts peoples lives in jeoprady.
 
smart_05 said:
You can get a 3 year extension since u have ur 140 approved and 485 pending. You need to specifically ask for 3 year extension explaining your elgibility. I am also in the same boat as u and got H1b extended for 3 years after gettin 2 one year extensions.

For those ppl who just post their opinions, If you are not sure about what you are syaing just don't say it. It puts peoples lives in jeoprady.

Hi smart_05,

Can you please answer follwing questions.

When you applied for 3 year H1 extension,
1. Your I-485 was filled and pending?
2. Your PD was current for I-485?

I am trying to find out person is eligible to get 3 year of H1 extension when I-485 is filled and PD is current?

Thanks,
 
How to extend H1 for 3-year beyond 6 years

Anyone who knows how to extend H1 for 3 years would like to give some details on how to extend?
Do we need to send an e-mail first to h1b7yr@dal.dflc.us for the Dallas Center and h1b7yr@phi.dflc.us for the Philadelphia Center to explain the need and eligibility for H1 extension? MIne is 140 approved with 485 pending.
How and where to indicate the 3-year extension in Form 9035E?

If you have done this process or you have a good knowledge of this, please give me some details on how to do this for DOL and USCIS?

Thanks.
 
dsugandhi

See below..

Hi smart_05,

Can you please answer follwing questions.

When you applied for 3 year H1 extension,
1. Your I-485 was filled and pending?

Yes

2. Your PD was current for I-485?

No.

I am trying to find out person is eligible to get 3 year of H1 extension when I-485 is filled and PD is current?


Priority date is not Issue. Just fie the H1b Extension as you did before. Make sure to include a copy of ur 140 approval notice and 485 reciept notice. Also mention that u are eligible under AC21 provision for a 3 year extension and you should be good. My lawyer did that and now I have a 3 years extension now ( It covers 12 years of my H1B .. meaningless .. lol )
 
smart_05,

Do I need to mention AC21 for applying for LCA from Department of Labor? How to show the DOL I'm eligible for another 3-year extension beyond 6-year limit?

Thanks.
 
Do we need to apply for the extension within 180 days of the H1B expiry date. My H1B is valid until March 07 Can I file extension now with H1B transger? Has anyone done that? Which lawyer did you go with? Can you please inform the details. thank you.
IcePegasus said:
I just got my H1B extended for 3 more years. This is my situation....

First of all, just want to let you guys know that this is my first post message board EVER... :p

My H1-B 6 years expired on June 2005.

I filed for 1 year extension, and got approved until June of 2006. (this is my 7th year). During the 7th year, I got approved for the Permanent Labor Certification. Then I applied for I-140 and got approved. But I could not apply for I-148. I have to wait for that.

So, I filed the 3-year extension (since I read that if you already got approved for I-140 -- you can do 3 years at a time). Since I alredy got approve on the 7th year. I don't know that I have to apply only 2 more years or I can apply for only 3 years and hope they don't deny my application. I called INS, she said I should file for 2 years because I already got approved for the 7th year. LUCKY me I didn't listen to her. I went ahead and filed for 3 years....And I got approved. So, the new H1-B that I just got approved is for the 8th - 9th and 10th year.

I hope this will help answer any question that most people have. I have done some research on this issue, but I have not found anyone mention this.

Good luck to all who want to file extension beyound 6 , 7 or 8 years. :)
 
xyr888,

DOL does not give Visa's. USCIS issues visas. So you do not need to apply for LCA with labordepartment to get visa extensioin. But just to clarify, if your company already applied for Labor Certification and your I140 is approved but I485 is pending or you cannot apply because of retrogression, you are eligible for three year extensions.


xyr888 said:
smart_05,

Do I need to mention AC21 for applying for LCA from Department of Labor? How to show the DOL I'm eligible for another 3-year extension beyond 6-year limit?

Thanks.
 
knowDOL,

I know, but when you need to extend H1, first of all, you need get LCA for approval with DOL no matter new H1 application or H1 extension application. I mean if I need to mention this is the LCA for H1 extension beyond 6-year limit.



knowDOL said:
xyr888,

DOL does not give Visa's. USCIS issues visas. So you do not need to apply for LCA with labordepartment to get visa extensioin. But just to clarify, if your company already applied for Labor Certification and your I140 is approved but I485 is pending or you cannot apply because of retrogression, you are eligible for three year extensions.
 
3 years extended

My work did all the paper work for me. I did not have any lawyer. I did all the paper work with my boss. I believe you can file the extension 6 months before your VISA Expire.

About Labor Conditions Application (LCA), if you think you do not need that because you already got the Permanent Labor Approve, you were wrong. My boss did not sent the LCA (the Form ETA 9035E) because we already send the Permanent one (the Form ETA-750) along with the Approval Notice of I-140. I got Denied... I have to re-file it agian WITH the LCA. And I got approved.

When I requested for LCA (the Form ETA 9035E) for the next 3 years. I did not tell them that this is beyound 6 years. Well.. at least it did not ask me. We went to the website and get the Form from website. They did not ask anything about beyound 6 months.

P.S. for people who got denied. I call INS in California. She siad it will be better of for me to re-file a whole thing than file the Appeal. She said the Appeal is back log... about a year backlog right now. So, if you guys don't have a year to wait for an appeal, might think of another alternative. or might need to call INS before file the appeal.

Hope this help..
 
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To get H1 extension(1 year) beyond 6 years you do not need approved LC but you just need to show that you filed for Labor Certification stage 1 of GC process before 365 days of your 6 years on your H1. This can be a 45 day letter from BEC or if it PERM your approved LC or your petition number.

But if you need 3 year extension beyond six years you need to have your I140 approved.

xyr888 said:
knowDOL,

I know, but when you need to extend H1, first of all, you need get LCA for approval with DOL no matter new H1 application or H1 extension application. I mean if I need to mention this is the LCA for H1 extension beyond 6-year limit.
 
IcePegasus,

Thank you for your reply. I am also thinking of doing my paperwork with my HR person. Wanted to know
1. If you did with H1 transfer or was it a general extension.
2. Which item did you mention that you are requesting for 3 years because of approved I140 as per AC21 rule. Do we need to mention section name in AC21, if sowhere did you mention it.

Will look forward for your reply.

IcePegasus said:
My work did all the paper work for me. I did not have any lawyer. I did all the paper work with my boss. I believe you can file the extension 6 months before your VISA Expire.

About Labor Conditions Application (LCA), if you think you do not need that because you already got the Permanent Labor Approve, you were wrong. My boss did not sent the LCA (the Form ETA 9035E) because we already send the Permanent one (the Form ETA-750) along with the Approval Notice of I-140. I got Denied... I have to re-file it agian WITH the LCA. And I got approved.

When I requested for LCA (the Form ETA 9035E) for the next 3 years. I did not tell them that this is beyound 6 years. Well.. at least it did not ask me. We went to the website and get the Form from website. They did not ask anything about beyound 6 months.

P.S. for people who got denied. I call INS in California. She siad it will be better of for me to re-file a whole thing than file the Appeal. She said the Appeal is back log... about a year backlog right now. So, if you guys don't have a year to wait for an appeal, might think of another alternative. or might need to call INS before file the appeal.

Hope this help..
 
3 Years extension beyond 6 years with I-140 Approved

knowDOL,

First, I did not not do a transfer. I extened with my original company. And YES we did mention in the application to ask for 3 years extension beyond 6 years with the I-140 approved. We wrote a letter (with the company letter head and have the Company Director Signed it) stated that this extension is requesting a 3 years extension beyond 6 years with the I-140 Approved.

We say something like ... refer to The American Competitiveness in the Twenty-First Century Act(AC21), enables H-1B non-immigrants with approved I-140 petitions to be eligible for extend their H-1B non-immigrant status until their application for adjustment of status has been adjudicated (approved or denied).

We also wrote another leter stated all the Form and Evidence that we submit. I think all of the evidene that I submit are listed below.. if I forgot something please forgive me...

1. The letter request a 3-years extension beyond 6 years with the I-140 Approved. I told them when did I file the ETA-750, When I got approved for the ETA-750, and when I got approved for the I-140.
2. The application for the Extension (I-129) - ofcourse :) .
3. The evidence that they need such as the School / University Certificate, Transcript, etc.
4. The LCA (the Form ETA 9035E) for the next 3 years. You need this one. I got denied the first time becuase I did not submit this one.
5. The copy of the permanenet DOL approved (the Form ETA-750).
6. A copy of the Approval Notify of the I-140.
7. ALL of the copy of the I-94, I-797.. which is the previous approved of the extension.. (Look at the I-129 Application Form page 7 - The H-Supplement Page, question # 3)
8. On the same page (I-129 page 7). Your boss need to sign on both section the "Statement for H-1B specialty occupations only:" and "Statement for H-1B specialty occupations and U.S. Department of Defense projects:"
9. And the letter stated all of my document that I submit with the form I-129.

I have not filed the I-485 yet. So I did not submit anything with the I-485. I just tell them in a letter that I am waiting for the VISA to become available on my Priority Date in order to file the I-485.

I learned that submit all the documents if you can. Even if they don't need it. Because if they need it and you did not submit that ... it will delay your process and have a risk of getting denied. Just to be safe... submit whatever you can.

Guys.. I am not claims to be an expert in here.. I just try to help who ever that need to do this. I will tell you what I can.. but only what I did and got approved.. otherwise I will not say if I don't know.. I don't want your life based on a GUESS... do some research before you submit a paper work. I can tell how you feel when you try to do this without kowing what to do.. believe me.. I know.. expecially after I got denined the first time.. I just think it suck.. I wish some one told me or help me back then. :(


This web site is helpful too.. if anyone want to visit ..
http://www.immihelp.com/visas/h1b/
 
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smart_05 said:
You can get a 3 year extension since u have ur 140 approved and 485 pending. You need to specifically ask for 3 year extension explaining your elgibility. I am also in the same boat as u and got H1b extended for 3 years after gettin 2 one year extensions.

For those ppl who just post their opinions, If you are not sure about what you are syaing just don't say it. It puts peoples lives in jeoprady.

Hi smart_05,
My lawyer applied for my extension and said that they mentioend for 3-year extension.They say that they can request for the 3-years by sending some Form/letter.I dont know if I should do that or try to re-aply for 3 years at the end of my 7th year!.
Please advice.

Thank you for your time
 
desi_girl said:
Hi smart_05,
My lawyer applied for my extension and said that they mentioend for 3-year extension.They say that they can request for the 3-years by sending some Form/letter.I dont know if I should do that or try to re-aply for 3 years at the end of my 7th year!.
Please advice.

Thank you for your time



You should ask them to amendment your current H1.. May be you need to do with in 90 days or something.. Check with your Attorney... I also got H1 initially approved for Only 1 year and later my Attorney again asked them for 3 years , explaning all my eligibility and it got reapproved for 3 years ...
 
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