7th year extension & LC/I-140

saravanans

Registered Users (C)
I am working for Company-A in California and started my LC in Jun 2003. My H1-B six year term expires on Oct 1, 2004.

Now I am planning to join Company-B and start my LC from Iowa next month ( by Nov 15, 2003). As per the current processing times in Iowa/Chicago, I should receive the approved LC ( if everything goes well ) by May 2004. Then say, I apply for I-140/485 concurrently in May/Jun 2004 in Nebraska itself. I know that I-140 will not be completed before my H1-B sixth year expiry date Oct 1, 2004.

1) Since the whole process starts in/after Nov 15, 2003 and my H1-B six year term expires on Oct 1, 2004, I cannot take advantage of the "LC or I-140 pending for 365 days" for 7th year H1-B extension, right?

2) Can I apply for the 7th year H1-B extension based on my approved LC alone even though it was started only in Nov 2003?

3) I heard that even if none of the papers are pending for 365 days, we can still apply for seventh year H1-B extension, based on the I-140 receipt ( not the approval ). Is it possible?

4) If none of this works out, if I come back to Company-A again, will my LC started in Jun 2003 be still valid, based on which I can apply for my 7th year extension?

I appreciate your help.

Thanks in advance,
Saravanan
 

ginnu

Registered Users (C)
I am working for Company-A in California and started my LC in Jun 2003. My H1-B six year term expires on Oct 1, 2004.

Now I am planning to join Company-B and start my LC from Iowa next month ( by Nov 15, 2003). As per the current processing times in Iowa/Chicago, I should receive the approved LC ( if everything goes well ) by May 2004. Then say, I apply for I-140/485 concurrently in May/Jun 2004 in Nebraska itself. I know that I-140 will not be completed before my H1-B sixth year expiry date Oct 1, 2004.

1) Since the whole process starts in/after Nov 15, 2003 and my H1-B six year term expires on Oct 1, 2004, I cannot take advantage of the "LC or I-140 pending for 365 days" for 7th year H1-B extension, right?
----- if your LC from Iowa is approved and you file I-140 and I-485, EAD, AP then you will receive I-485 filing receipt, you file 7th year extension with the I-485 pending receipt
2) Can I apply for the 7th year H1-B extension based on my approved LC alone even though it was started only in Nov 2003?
--- Yes, You should file I-140 or I-140 and I-485 concurrently, you can get the 7th years extension with any pending petition receipts
3) I heard that even if none of the papers are pending for 365 days, we can still apply for seventh year H1-B extension, based on the I-140 receipt ( not the approval ). Is it possible?
---- Yes you can apply on pending I-140
4) If none of this works out, if I come back to Company-A again, will my LC started in Jun 2003 be still valid, based on which I can apply for my 7th year extension?
---- If the employer A has not withdrawn the LC it will be valid, even if you don’t go back to company A you still can get 7th year extension approved if you are working with B. you can get 7th year extension based on LC filed by any employer for you if it is pending more than 365 days from filing. You only need the evidence that your LC was filed 365 days back and evidence is receipt from SESA or SWA when they received the LC, normally the SESA or SWA sends the receipt to lawyer who filed your LC after SESA receives the LC papers. You should ask for the copy of this evidence from past employer or lawyer and keep it with you that receipt will have your name and case# and PD. In June 2004 you will hit 365 days, no need to worry for 7th year extension you have both the options.

Good Luck!!
 

saravanans

Registered Users (C)
Will give it a shot

Thanks Ginnu. Let me start the LC immediately from IOWA.

Thankyou very much!
Saravanan
 
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