7th year ext. rfe

G

GCCRAWL

Registered Users (C)
RFE on 7th year ext.
I have applied for 7th year extension in Premium Processing on Aug 1st 2003. Also asked for extra 6 months beyond 7th year.... for being out of USA in the H1 six years.

I got an rfe message online tracking with BCIS - vermont.
My attorney recieved a fax saying .... extension is asked for more than allowed time ( 6years)..... and if candidate is employed here and visited india on vacation, those months are not counted. Precisely,

" IT IS THE OPINION OF THIS SERVICE THAT TIME SPENT OUT OF THE UNITED STATES DURING THE VALIDITY PERIOD OF A PETITION MUST BE COUNTED TOWARD THE ALIEN'S MAXIMUM PERIOD OF STAY IN THE US, PROVIDED THAT THE TIME SPENT OUTSIDE OF THE US WAS NOT INTERRUPTIVE OF THE ALLIEN'S EMPLOYMENT IN THE US.pERIODS OF TIME SPENT OUTSIDE OF THE US WHICH ARE CONSIDERED TO BE A NORMAL PART OF WORK YEAR SUCH AS VACATINS, HOLIDAYS, AND WEEKENDS DO NOT INTERRUPT THE ALIEN'S EMPLOYMENT IN THE US SINCE THE ALIEN IS EXPECTED TO BE ABLE TO TAKE TIME OFF DURING THE WORK YEAR.

Does this mean, they donot want give extra 6 months apart from 7th year? Or is it a sign of denial of 7th year ext itself?

Does any one has same rfe..... please reply urgent.......
 
What stage of GC processing are you in ?

What I mean is... one of the following....
1. LC approved, 140 approved, opted for consular processing
2. LC approved, 140 approved, 485 pending
2. LC approved, 140 pending
3. LC pending
 
what stage?

LC pending....


Today I got an apology from BCIS, saying it was not an rfe its only an information.

Now over phone they said they want ETA 750 copy duly stamped by dept of state where i have filed the LC....

They dont want to leave written document of their apology and mistake so they called my attorney...

This immigration services sucks and all dummies operate this.

Qualified and tax paying skilled workers in USA face all these problems and they distribute 50,000 GC without knowing anything about the persons in all countries all over the world.
(lottery system).....
 
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Hi GCC,

What evidences had you submitted or needed to submit to recoup six months outside the USA that you'd spent? Was it a vacation or business trip? Did BCIS apologize to you for issuing that "rfe" or DOL? Why? 'Cause 7th yr extension should be approved and dealt by the BCIS not DOL, right?

I am just interested in knowing the issue of recaptuiring those days outside of the country that they have raised? I have a same RFE and about to reply them this week. You detail feedback will help me a lot.

Thanks a bunch!
 
yes u r right...

Sorry the apology from BCIS not DOL.....

You have to show the departure and arrival record when u r away from USA in 6 years H1 period.... also the proof of break in unemployment (.. I think the new I 797 start date/end dates)

But my case I was employed and was on vacation so they didnot approve for 6 extra months( away from usa period)....

I got the approval only for 7th year...

What is RFE about? can u share ur experience?
 
I did the same. Applied for 7th year extension claiming vacation out of USA. But they gave only the period left for 6yrs not more then that. Of course I did not put any LC pending document for 7th yr extension
 
Sahithi,

What are the documents submitted to BCIS for recapturing your vacation? What was the duration of your vacation?


Thanks,
Ashkar.
 
Sahithi,

I am not clear about your case. Did you get those days that you were on vaca or not? What proofs did you have to submit? Could u pls explain little bit?

I am preparing my reply to BCIS ...
 
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