Hi ,
here are my details of Green Card/H1
Labor Filed: Jan 3rd, 2002
Labor Approved:July, 2003
I-140/I-485 filed: Nov, 2003
EAD Applied: 18th June, 2004
EAD Approved:2nd September, 2004
H1-B 7th year extension applied:4th,Aug 2004
H1-B 6th year completing on 1st Oct, 2004
I-140 Approved after RFE:20th August , 2004
Now my company got an RFE for H1-B 7th year extension,
Here is the RFE content
"It appears you are seeking an extension of beneficiary's H1B status based on section 106 of AC21.For the benficiary to be eligible for an extnesion beyond the six-year limitation, the petitioner is required to demonstrate either of the following:
(1)that 365 days or more have passed since the filing of any application for labor certification(Form ETA-750)
that is required or used by the alien to obtain status as an employment based immigrant , or
(2) that 365 days or more have passsed since the filing of an immigrant petition for Alien Worker(Form I-140)
The record of processdings shows that the beneficiary has an I-140 which has been pending for less than 365 days.
As evidence that an application for labor certification has been pending 365 days or more, sumit any of the following:
1.A document from SWA notifying the employer, the employer representative, the DOL or the USCIS that a form EAT-750, filed on behalf of H1-B
beneficiary , has been pending 365 days or more;
2.A document form one of DOL's ETA reginal offices notifying the employer, the employer's representative or the USCIS that a form ETA-750, filed
on behalf of the H1-B beneficiary, has been pending 3655 days or more; or
3. Acopy of approved Form ETA-750
My Question:
1.I want to know what should I send with the reply?
2.Also does I qualify for 7th year extension?
3.Should I switch to EAD to avoide any complication, I still have few days left in 6th year of H1-B?
I will appreciate advice from the GURUS on these forums.
thanks-
here are my details of Green Card/H1
Labor Filed: Jan 3rd, 2002
Labor Approved:July, 2003
I-140/I-485 filed: Nov, 2003
EAD Applied: 18th June, 2004
EAD Approved:2nd September, 2004
H1-B 7th year extension applied:4th,Aug 2004
H1-B 6th year completing on 1st Oct, 2004
I-140 Approved after RFE:20th August , 2004
Now my company got an RFE for H1-B 7th year extension,
Here is the RFE content
"It appears you are seeking an extension of beneficiary's H1B status based on section 106 of AC21.For the benficiary to be eligible for an extnesion beyond the six-year limitation, the petitioner is required to demonstrate either of the following:
(1)that 365 days or more have passed since the filing of any application for labor certification(Form ETA-750)
that is required or used by the alien to obtain status as an employment based immigrant , or
(2) that 365 days or more have passsed since the filing of an immigrant petition for Alien Worker(Form I-140)
The record of processdings shows that the beneficiary has an I-140 which has been pending for less than 365 days.
As evidence that an application for labor certification has been pending 365 days or more, sumit any of the following:
1.A document from SWA notifying the employer, the employer representative, the DOL or the USCIS that a form EAT-750, filed on behalf of H1-B
beneficiary , has been pending 365 days or more;
2.A document form one of DOL's ETA reginal offices notifying the employer, the employer's representative or the USCIS that a form ETA-750, filed
on behalf of the H1-B beneficiary, has been pending 3655 days or more; or
3. Acopy of approved Form ETA-750
My Question:
1.I want to know what should I send with the reply?
2.Also does I qualify for 7th year extension?
3.Should I switch to EAD to avoide any complication, I still have few days left in 6th year of H1-B?
I will appreciate advice from the GURUS on these forums.
thanks-