7th year extension query urgent

V

vikasone

Registered Users (C)
Here is my situation. Please help if you can.

My 6 yrs on H1 are completing on Nov 2004. I've applied for GC labor in Mar 2003 via NY (which is ver slow) through company A (my current company).

Now I'll have to apply for 7th year extension.

I am thinking of changing my employer (either B or C)
- employer B is willing to process my GC from New hampshire
- employer C already has an approved labor

Since I only have one months + left on H1, my question is:
Can I apply for the H1 transfer to company B or C and at the same time apply for the 7th year extension based on a pending Labor certification of company A.

OR first I need to do an H1 transfer to B or C and then apply for the 7th year extension ??


thanks
vik
 
Do it now

vikasone said:
Here is my situation. Please help if you can.

My 6 yrs on H1 are completing on Nov 2004. I've applied for GC labor in Mar 2003 via NY (which is ver slow) through company A (my current company).

Now I'll have to apply for 7th year extension.

I am thinking of changing my employer (either B or C)
- employer B is willing to process my GC from New hampshire
- employer C already has an approved labor

Since I only have one months + left on H1, my question is:
Can I apply for the H1 transfer to company B or C and at the same time apply for the 7th year extension based on a pending Labor certification of company A.

Yes
OR first I need to do an H1 transfer to B or C and then apply for the 7th year extension ??

No
thanks
vik
Click to expand...
 
Same situation with i-140 denial and pending 290b

Great Guru,
I am in the same situation with little change. I want to know whether I can have 7th year extension.

H1 visa expiring in Nov-2004 due to 6 years limit
Labor filed 06-2003 thru company A
Labor approved 08-2003

i-140/485/ap/ead rd 11-28-2003
i-140/485/ap/ead nd 12-03-2003

i-140 denied 07-06-2004
Appeal made 290b 08-10-2004 and pending

Now I am applying for 7th year extension thru company B based Labor approved and 290B pending appeal.
Will this be approved!
Thanks,
 
Be careful

sarwarmd said:
Great Guru,
I am in the same situation with little change. I want to know whether I can have 7th year extension.

H1 visa expiring in Nov-2004 due to 6 years limit
Labor filed 06-2003 thru company A
Labor approved 08-2003

i-140/485/ap/ead rd 11-28-2003
i-140/485/ap/ead nd 12-03-2003

i-140 denied 07-06-2004
Appeal made 290b 08-10-2004 and pending

Now I am applying for 7th year extension thru company B based Labor approved and 290B pending appeal.
Will this be approved!
You are applying 7th yr extn from company B based on company A labor certification.
You should be careful, that your I 140 was denied and appeal is pending. As far as your I 140 is in appeal, you can extend your H1 7th yr, the minute your I 140 appeal is denied(God forbid), you loose your h1 status , even your 7th year extn is approved earlier. (Your 7th year extn is purely based on pending labor cert/I140 only)
Thanks,
Click to expand...
Can you tell why I 140 was denied. ?
 
Last edited by a moderator:
H1 visa can not be confused with EAD/AP

once H1 approved . it's well and good till H1 expiry date. period.

EAD/AP status will be lost as soon as I-485/140 were denied... but one can appeal to remain status...but you won't get EAD renewals...

Can 7th .ext. possible from B (no LC) with borrowed LC from A???
 
Last edited by a moderator:
lohith said:
once H1 approved . it's well and good till H1 expiry date. period.
NO. Certainly not for 7th, 8th yr extn based on pending Labor/I 140. petitions.

EAD/AP status will be lost as soon as I-485/140 were denied... but one can appeal to remain status...but you won't get EAD renewals...

Can 7th .ext. possible from B (no LC) with borrowed LC from A???
Click to expand...
 
sarwarmd, vikasone::
Remeber LC is not transferable.
sarwarmd I think USCIS will not issue 7th year extension in your case as the LC is from a different company which, as I said earlier, is not portable.

Great Guru,
According to my lawyer extensions are valid till their expiration even if the underlying I-140/I-485 are denied. You cannot get EAD/AP etc which are tied to the above applications.

HTH
 
100% Possible

hathwar said:
sarwarmd, vikasone::
Remeber LC is not transferable.
sarwarmd I think USCIS will not issue 7th year extension in your case as the LC is from a different company which, as I said earlier, is not portable.
Now consult with your lawyer. I am here with 9th year extn in company B with company A's LC. So I am the proof.Great Guru,
According to my lawyer extensions are valid till their expiration even if the underlying I-140/I-485 are denied. You cannot get EAD/AP etc which are tied to the above applications.

HTH
Click to expand...
 
in 9th year with company C


Great Guru,
Let me put in word what I understand from your quote earlier.

You had a labor filed application(LC) from company A during your H1's first 6 year. Using this LC from company A, now you are working for company C after having H1 visa transferred to company C. Is that right!
Thanks,
 
hathwar said:
sarwarmd, vikasone::
Remeber LC is not transferable.
sarwarmd I think USCIS will not issue 7th year extension in your case as the LC is from a different company which, as I said earlier, is not portable.
---- if he has LC filed by ANY employer he can get 7th year on the base of ANY employer LC
Great Guru,
According to my lawyer extensions are valid till their expiration even if the underlying I-140/I-485 are denied.
----- your lawyer is correct becase H1 and I-140 or I-485 are diffrent petitions and USCIS approved the 7th Year H1 when it had BASE or eligiblity for 7th year H1 extension
You cannot get EAD/AP etc which are tied to the above applications.
------ you are correct
HTH
Click to expand...
 
ginnu,

"---- if he has LC filed by ANY employer he can get 7th year on the base of ANY employer LC.."

Does it mean
1. if I have current approved LC of Company A , can I get 7th/8th H1 extention and transfer for Company B based on LC of A?

2. if so, LC is portable for H1 ext/transfer?

I don't think 1 & 2 possible at all.

my lawyer said... you have to get 7th ext. for A based on it's(A) LC. Then transfer to B. But, validity of transfer remains same as former 7th ext. date.
 
LC is not portable

lohith said:
ginnu,

"---- if he has LC filed by ANY employer he can get 7th year on the base of ANY employer LC.."

Does it mean
1. if I have current approved LC of Company A , can I get 7th/8th H1 extention and transfer for Company B based on LC of A?

2. if so, LC is portable for H1 ext/transfer?

Yes any employer. I never work for Company A at all. Employer B extending h1 9th yr based on Company A's pending LC.
I don't think 1 & 2 possible at all.

my lawyer said... you have to get 7th ext. for A based on it's(A) LC. Then transfer to B. But, validity of transfer remains same as former 7th ext. date.
Click to expand...
 
Never worked for company A at all

sarwarmd said:
Great Guru,
Let me put in word what I understand from your quote earlier.

You had a labor filed application(LC) from company A during your H1's first 6 year. ( NO , I never worked for company A at all) Using this LC from company A, now you are working for company C after having H1 visa transferred to company C. Is that right!
Thanks,
Click to expand...
 
lohith said:
sarwarmd,

What's your lawyer's stand on using the other company's LC for 7th yr ext?
Click to expand...

Lohit,
New lawyer has already applied for my 7th year extension from company B.
 
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