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/