7th year extension possible after H1B expired and the person won't be in US?

A

AK1203

New Member
I applied for LC in July 2003 and H1B 6 years will be expired within 3 weeks. I am not interested in labor substitution and I am planning to go back to India in next month. Since I won’t be in H1B status in July 2004 my lawyer is not sure about 7th year extension.

Do I qualify for 7th year extension in July 2004?

Whether anyone got 7th year extension after left from US and his or her H1B expired?

Thanks for this site and I have learnt so much from the site.

Thanks in advance.
 
Last edited by a moderator:
Originally posted by AK1203
I applied for LC in July 2003 and H1B 6 years will be expired within 3 weeks. I am not interested in labor substitution and I am planning to go back to India in next month. Since I won’t be in H1B status in July 2004 my lawyer is not sure about 7th year extension.

Do I qualify for 7th year extension in July 2004?
------- I dont know the date when LC was recieved by SWA or SESA and the date your H1 expires. If the LC pending hits 365 days and your H1 or I-94 has not expired then you can file 7th year H1 before expiry of I-94 with evidence of LC filing 365 days back(SWA reciept copy). check the date on LC filing reciept with your lawyer that he recieved from SWA or SESA and your date of I-94 expiry
Whether anyone got 7th year extension after left from US and his or her H1B expired?
--- I dont know
Thanks for this site and I have learnt so much from the site.

Thanks in advance.
Click to expand...
 
Ginnu,

Thanks ginnu.

My LC was received by SESA on 07/10/03.

My H1B will expire on 05/25/04.


Others,

Whether anyone got 7th year extension after left from US and his/her H1B expired?

Anyone had similar experience?

Please share your experience.

Thanks in advance.
 
Originally posted by AK1203
Ginnu,

Thanks ginnu.

My LC was received by SESA on 07/10/03.

My H1B will expire on 05/25/04.

------ your LC will NOT be pending for 365 days when you hit 6 years, you can count the days.
Others,

Whether anyone got 7th year extension after left from US and his/her H1B expired?
------- you cannot get 7th year H1 extension after leaving US, to file H1 extension you must be in US on valid H1 status and LC pending more than 365 days OR I-140 filed OR I-485 filed

Anyone had similar experience?

Please share your experience.

Thanks in advance.
Click to expand...
 
7th year extension - RFE

I filed 7th year extension based on my pending LC for more than 365 days. This LC was sponsored by my previous employer. After filing my extension, this LC has been approved. While I am waiting for extension, my 6 years have been expired 2 monthas ago. Now I got RFE stating that why I need extension since my LC has been approved.
But my LC filed when it was in pending status. Is it possible to deny my extension? I have one more LC from current employer which is just passed the 365 days test, but my H1 is expired now to apply anotehr extension.

What are my options now?

Thanks,
Krivis
 
AK1203 said:
Ginnu,

Thanks ginnu.

My LC was received by SESA on 07/10/03.

My H1B will expire on 05/25/04.

----- I think you know how to count 365 days from 07/10/03, you will become eligible for 7th year extension in July 2004 at this time you are NOT eligible based on LC pending more than 365 days. If you have other LC filed for you by ANY employer and it pending more than 365 days you can use that as evidence if Not then......

Others,

Whether anyone got 7th year extension after left from US and his/her H1B expired?

Anyone had similar experience?

Please share your experience.

Thanks in advance.
Click to expand...
 
You must log in or register to reply here.
Top