7th year extension - Premium Vs Normal

O

oneofu

Registered Users (C)
Hi All,

Thank you in advance.

Here is my situation:
6 years period of H1-B expire on June 2004. Filed labor certification from CA on April 2003. Planning to file 7th year extension in April 2003 (after reaching 365 days of labor filing). USCIS mistakenly approved H1-B up to Dec 2006 when I applied last extension. Visa also got stamped until Dec 2006. My attorney is saying it is mistake from USCIS and we need to apply for the 7th year extension.

1. Is this mistake creates any problem or confusion while applying the seventh-year extension?

2. Are any risk factors involved in the seventh-year extension in my case? Is any chance of denial of seventh-year extension? In that case what will be solution? Is it possible to appeal or do any action to over turn the decision?

3. I have two options, a) File the 7th year extension after April 2004 in premium processing and get the decision before June 2004. In this case if they deny I have to leave in June 2004. b) Apply the seventh year extension in normal category in June 2004 and stay until decision comes. As per the law, USCIS regulations authorize continued H-1B employment with the same employer for up to 240 days beyond the nonimmigrant status expiration date while a timely filed application to extend status remains pending with USCIS. In this case I may have to leave US immediately.

A. If the case is denied, is this 240 days will consider as over stay and deny my arrival after one year?

B. In my case which method is best choice (premium or normal)?

4. Last and worst scenario – If USCIS is deny my case, Is it possible to apply F1 visa for my wife (my wife is a MS student) and apply any other category like H4 for me?

Thank you very much
oneofu
 
Here is my situation:
6 years period of H1-B expire on June 2004. Filed labor certification from CA on April 2003. Planning to file 7th year extension in April 2003 (after reaching 365 days of labor filing).
----- File 7th year H1 after you complete LC pending more than 365 days and you need the evidence that LC was submitted to SESA or SWA and evidence is the receipt from SSESA or SWA that is sent to lawyer once the receive LC and that receipt will have PD, case # and your name as beneficiary. File 7th year before your H1 or I-94 expire

USCIS mistakenly approved H1-B up to Dec 2006 when I applied last extension. Visa also got stamped until Dec 2006. My attorney is saying it is mistake from USCIS and we need to apply for the 7th year extension.
----- Visa stamp is just for entry to USA nothing to be done for VISA stamp let it be. But if USCIS did a mistake then your lawyers is correct and apply for 7th year H1 and he can point out the mistake of USCIS in cover letter
1. Is this mistake creates any problem or confusion while applying the seventh-year extension?
----- Don’t worry if it is mistake of USCIS and lawyer points out the mistake then no problems
2. Are any risk factors involved in the seventh-year extension in my case? Is any chance of denial of seventh-year extension? In that case what will be solution? Is it possible to appeal or do any action to over turn the decision?
------ I don’t see any problem if LC field 365 days back, evidence attached and attorney writes the mistake of USCIS in cover letter
3. I have two options, a) File the 7th year extension after April 2004 in premium processing and get the decision before June 2004. In this case if they deny I have to leave in June 2004.
------ do that and I don’t think they will deny 7th year H1 extension, relax, who knows your LC may also got approved before June 2004 and you will be able to file I-140, I-485, EAD AP, don’t be pessimistic

b) Apply the seventh year extension in normal category in June 2004 and stay until decision comes. As per the law, USCIS regulations authorize continued H-1B employment with the same employer for up to 240 days beyond the nonimmigrant status expiration date while a timely filed application to extend status remains pending with USCIS. In this case I may have to leave US immediately.

A. If the case is denied, is this 240 days will consider as over stay and deny my arrival after one year?
-------240 days are counted as in status and if denial lawyer can send motion to reconsider
B. In my case which method is best choice (premium or normal)?
----- Premium, because you will get 7th year extension approved 9i am sure) and you will relax your mind
4. Last and worst scenario – If USCIS is deny my case, Is it possible to apply F1 visa for my wife (my wife is a MS student) and apply any other category like H4 for me?
----- F1 seems difficult these days and you cannot be on H4 if she gets F1. I am not expert in F1 or F2 your lawyer may give you better advice FYI with F1 she can not adjust status in US became F1 has no dual intent
 
Thanks

Thank you very much Ginnu.

I have one more question clear. I have filed my LC from another attorney. Now I moved to current attorney and old attorney transferred all my files to new attorney. I have filed last extension with this new attorney. LC receipt is having old attorney’s name on it. Is this cause any problem?
I have a receipt of the LC. But I don’t know whether that is same as you mentioned SESA or SWA. I am very new to these terms. What is the term PD mean? My receipt is having the logo “EDD”. It is having case number, my name as beneficiary and my employer name. I am from CA. Is this the correct LC recipt?

Thank you
oneofu
 
Please post your comments

Hi All,
If you had the same situation and you got the 7th year extension, please post your comments.
I really appreciate you help.
Thanks
oneofu
 
I have one more question clear. I have filed my LC from another attorney. Now I moved to current attorney and old attorney transferred all my files to new attorney. I have filed last extension with this new attorney. LC receipt is having old attorney’s name on it. Is this cause any problem?

----- LC filing or LC approved receipt having any attorney name is not a problem
I have a receipt of the LC. But I don’t know whether that is same as you mentioned SESA or SWA. I am very new to these terms. What is the term PD mean?
--- PD= prorate date or the date SWA or SESA received your LC
My receipt is having the logo “EDD”. It is having case number, my name as beneficiary and my employer name. I am from CA. Is this the correct LC recipt?

----- That is correct receipt
 
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