7th year extension granted for 1 yr with approved I-140 and 485 pending....

S

sprint2004

Registered Users (C)
I recently received my H1b approval for my 7th year extension and surprisingly I was only given one year extension. Prior to filing I had my I-140 approved and my 485 was pending. My extension was filed during Sep 2007.

I was under the impression, H1b extensions are usually granted for three years with approved I-140.

On inquiring about this with my lawyer, they state that around the time my application was filed INS had come out with a rule of granting only one year extension for those with approved I-140 and 485 pending and since that was around the time when the 485 visa fiasco happened and visa numbers were current.

In addition, they provided me a copy of the I-129 form and in it the requested time for extension is for only one year.

Is there anyone else in the same predicament?
I have never had any problems with my lawyer and I do not doubt them but I just want to check if there is anyone else in similar situation.
Could it be that they might have over looked something and filed it incorrectly?

Also, when filing extension next year can I do it on my own instead of paying the heavy lawyer fee?

Any thoughts would be appreciated.



Thanks
 
You were eligible to 3 years, but reading your post again, I now found the requested period was one year. CIS won't grant 3 years automatically. They wil go with request in I-129. I think it's lawyer's mistake.
 
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thanks for the reply.
thats what I thought, the lawyers were not giving me the right information.
But how on earth will I be able to prove them wrong.
They wont admit its their mistake.

Can I file the next extension application myself without having to use a lawyer? Or should I ask is it a safe option for me to pursue on my own?

I believe the fee is something like $320 or so.
 
You cannot file an H-1B for yourself, but you can ask your employer to file the H-1B extension (without involving their lawyer).
 
I have completely opposite situation here,

I applied for my I-140 in Apr 07 in EB3 category and it is still pending and applied for my 7th extension for H-1b in August 07. Now my laywer filed I-129 mentioning intended job period of 3 year from October 07 to october 10.

And guess what even though My I-140 is pending i have an approval of three year extension. How could that be possible?

So does it mean that i will get three year visa stamp in my passport. I wen to canada for my visa stamping for 2nd H-1 and i am planning to go there again for next stamping. Does any one have similar situation? does any one think i will have any problem in stamping. Does it mean that i will not have file another extension in Oct 08 since i have valid approval till 10?

appreciate your help.

Thanks,
 
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