7th year extension application deadline expiring

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getset27

Registered Users (C)
:eek: :eek: :eek: :eek:

Hi guys,
My 6 yrs H1 expires in Sept 04. My lawyer has not yet filed the 7th year extension as he claims he is waiting for the DOL to give the letter proving the pending labor certification.
By the way things are going I think I will not receive the DOL doc before my H1 expires. Is it advisable to ask the lawyer to apply for the 7th year for me and my wife now without that doc, knowing that I'll have to face a query in the future. But this way I'll atleast get the application in before the deadline....
Suggestions and previous experiences are welcome.
 
getset27 said:
:eek: :eek: :eek: :eek:

Hi guys,
My 6 yrs H1 expires in Sept 04. My lawyer has not yet filed the 7th year extension as he claims he is waiting for the DOL to give the letter proving the pending labor certification.
----- lawyer is correct becase you need to provide evidence of LC filing more than 365 days and the LC filing reciept is needed from SESA or SWA where your lawyer filed LC
By the way things are going I think I will not receive the DOL doc before my H1 expires. Is it advisable to ask the lawyer to apply for the 7th year for me and my wife now without that doc, knowing that I'll have to face a query in the future.
----- let the lawyer again call up SESA or SWA for reciept, he does not recieve till August 15 ask him to file the 7th year H1 extension for you and your spouse h4 extension, later your lawyer will get RFE for the evidence then reply the RFE. FYI the SESA or SWA send the reciept in 7-10 days if requested, let your lawyer send Fax, write letter and call up SESA or SWA.
lawyer can also attach the certified copy of full LC that was fied by him, I have seen 1 case where that was accepted as evidence becase lawyer certified and wrote on cover letter that he filed LC on XYZ date and still waiting to get LC filing reciept from SESA or SWA
But this way I'll atleast get the application in before the deadline....
---you are correct
Suggestions and previous experiences are welcome.
Click to expand...
 
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Letter from SESA or SWA

1. Does the letter from SESA/SWA say "Labor is pending from Mon-DD-YYYY" or will it say " Labor is pending for more than 365 days" ? What I mean is, will the letter say number of days pending or just from when its pending??

2. Is this letter necessary? when filed for labor a year ago, dont we get a receipt saying " Your labor priority date is Mon-DD-YYYY". Can we use that receipt itself to show that the labor is pending for a year?

anyone who filed for 7th year extensions may know this, please answer!
 
YnotCanada said:
1. Does the letter from SESA/SWA say "Labor is pending from Mon-DD-YYYY" or will it say " Labor is pending for more than 365 days" ? What I mean is, will the letter say number of days pending or just from when its pending??
---- the reciept from SESA or SWA has name of employer and you and case # and they date LC was submitted or recieved by SWA or SESA
2. Is this letter necessary? when filed for labor a year ago, dont we get a receipt saying " Your labor priority date is Mon-DD-YYYY". Can we use that receipt itself to show that the labor is pending for a year?
------ If that reciept has date of LC filing you may be able to use it, ask your lawyer
anyone who filed for 7th year extensions may know this, please answer!
Click to expand...
 
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