7th year extension : labor pending for less than 365 days

[krishna2804]

Visa Gurus,
My H1 will expire on 12 april 2005 and the Labor application receipt date is 19 april 2004. By the time my H1 expires, my labor would be pending for less than 365 days.

I read in this forum that, if I apply for 7th year extension before 19 april 2005, it is very likely to be rejected. On the other hand if I wait till 19 april 2005, I would be out of status for a week.

Any solution/suggestion for this case ?

TIA
krishna

 

[ginnu]

Visa Gurus,
My H1 will expire on 12 april 2005 and the Labor application receipt date is 19 april 2004. By the time my H1 expires, my labor would be pending for less than 365 days.

I read in this forum that, if I apply for 7th year extension before 19 april 2005, it is very likely to be rejected.
-- that is correct
On the other hand if I wait till 19 april 2005, I would be out of status for a week.
-----and you will NOT be able to file 7th year H1
Any solution/suggestion for this case ?
------- try to recapture time spent out of US and you need good lawyer to do it provide all the passport pages that have US entry stamps and let the lawyer write it on cover letter.

--- If you have other LC pending filed by ANY employer for you and you have evidence of LC filing(SWA or SESA reciept)
----- or try to find LC approved in EB2 from any employer and file I-140, I-485 based on LC substitution
****** Read the below link:
http://www.twmlaw.com/resources/nonimmigrant/buyingtime.html
TIA
krishna