7th Year Extension,Please Guide!!

M

mac23

New Member
Hello Gurus,

I will be entering sixth year of my H1B on 25th Nov 2005. My husband is awaiting his labor cert which has a PD of June 2001 and 45 day letter replied in Feb 2005.Do I have to file my LC before completion of my 5 yr H1B in order to file for 7th year extension? Or, is there any other way out thro' my husband's labor? Please guide me.

Thank You.
 
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mac23 said:
Hello Gurus,

I will be entering sixth year of my H1B on 25th Nov 2005. My husband is awaiting his labor cert which has a PD of June 2001 and 45 day letter replied in Feb 2005.Do I have to file my LC before completion of my 5 yr H1B in order to file for 7th year extension? Or, is there any other way out thro' my husband's labor? Please guide me.

Thank You.
Click to expand...

If you are saying you are on H1 and want to apply for 7th year based on your husband's LC then answer is No, you need your own labor to extend your own H1, you can however apply for H4 7th year extension but not H1.
 
Spouses separate H-1B - 7th year extension

Hi,

so this is a case of you and your husband both having H-1B visas?

There is an answer to your case in Shusterman's immigration update newsletter from this morning regarding the Yates memo of 5/12/05:

So, yes, you have to file your own LC to extend 7th year H-1B or go back to H-4 and stop working.

I am quoting the relevant passage:

>>The memo contains some bad news for dependents of persons in H-1B status. Although they may obtain 7th year H-4s, they cannot obtain 7th year extensions as H-1Bs unless they "independently" qualify for such.
(Editor's note: This is an unfortunate interpretation. If both spouses are in H-1B status, it is unnecessary for both of them to apply for labor certification and I-140s in order to achieve permanent residence since they may either "accompany" or "follow-to-join" the principal. This interpretation may result in the employers of both spouses submitting labor certifications and I-140s, and thus, unnecessarily clogging the Labor Department and/or the CIS with unnecessary applications and petitions.)<<
 
Thank You

Thank you very much GC Lover and GC 2006. My employer is ready to file. I will go ahead with it.

mac23
 
mac23 said:
Hello Gurus,

I will be entering sixth year of my H1B on 25th Nov 2005. My husband is awaiting his labor cert which has a PD of June 2001 and 45 day letter replied in Feb 2005.Do I have to file my LC before completion of my 5 yr H1B in order to file for 7th year extension? Or, is there any other way out thro' my husband's labor? Please guide me.

Thank You.
Click to expand...

Do not to be too late.

Too file PERM you need 6 months recruitment effort.
if you start your effort June 2005, you can file PERM by Nov 2005 to qualify (365 days pending LC) 7th year extn.

Plan Carefully.
 
Recruitment Effort

Great Guru,

I appreciate your suggestion. But, are u sure that it requires six months of recruitment effort? If that is true, how some got their LC's approved thro' PERM in just around two months?

Thank You
mac23
 
great guru,

well fortunately it is not that long. I think you are confusing the 180 days with the fact that the recruitment must not be older than 180 days (it must be between 30-180 days).

Anyway, at minimum it takes 30 (job posting+ other recruitment measures) +30 (collect applications from job order posting) days for all recruitement measures (but that's cutting it close and HR has to play along really well).
During that time you also have to request PWD from SWA - that might take weeks.
Just came to learn today from my lawyer that they have requested PWD from CA today. However 31 days ago we already posted job order with caljobs and at that time I was told PWD would be requested as well (so don't even believe what they tell you). Well, those are the nice little surprises that make sure things just don't go too fast....
 
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