7th year denied. 180 days rule detail required.

K

kv2002

Registered Users (C)
Hi Guys.

I just got the news from the lawyer that my 7th year extension is denied for unknown reasons(yet to receive the letter from INS). My actual I-94 expired on Oct 15 th, but the 7th year extension was applied well ahead( in July 2003). So I got to get out of US as soon as possible. Here is my questions...

My lawyer previously told me that the 180 days count after expiry of I-94 will start only from the day of the denial since we applied for extension ahead of the I-94 expiry. Is that true or this April 14 th is the deadline for my 180 days rule. Any idea....

(Most likely the denial is due to the lack of LC receipt from NJ DOL. We gave only an affidavit.)

:eek:
 
unlawful period starts ticking from the date your h1 is denied and not from the date you applied or last h1 expired.

that count applies only if you dont have any other pending cases with uscis like another h1 or h4 or i485 etc (not labor petitions).

if the denial is due to lack of receipt then you may have chance if you appeal with proper document from nj dol.
 
(Most likely the denial is due to the lack of LC receipt from NJ DOL. We gave only an affidavit.)

Your lawyer seems not good. Why he did not apply with evidence that LC was filed 365 days back and evidence is receipt from SWA or SESA that has LC filing date, case# and your name as beneficiary on it. Even if the lawyer did not have SESA or SWA receipt for LC filing he cold have asked the SWA or SESA to send filing receipt (if asked they send the receipt in 5-8 days) then he could have filed the 7th year H1 extension with the evidence (LC filing receipt) still you can get the receipt from SWA and submit it as evidence.
 
How to get LC receipt

Ginnu,


I have a few questions:


Do we must submit LC receipt in filing for H1 7th year extension? It sounds yes from posted messages here.

May I request the LC receipt directly from SWA myself instead of asking my employer to do so?


Many thanks.

YFEHGH
 
Re: How to get LC receipt

Originally posted by yfehgh
Ginnu,


I have a few questions:


Do we must submit LC receipt in filing for H1 7th year extension? It sounds yes from posted messages here.

May I request the LC receipt directly from SWA myself instead of asking my employer to do so?
----- only lawyer or employer can ask the reciept from SWA or SESA

Many thanks.

YFEHGH
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