7th year extension with new employer

S

soham13

Registered Users (C)
Hi,

I have used a substitute LC for applying I-140. I am not currently working with the company which applied for my I-140.

My 6 years are expiring in march,2004 and I am planning to go for 7th year extension.

Can I apply for H1 transfer with this company as well as 7 th year extension together ?

Or do I need to transfer the visa first and then apply for extension ? I have a receipt of I-140 .

Pl. help,

Regards,

Soham13
 
You should be able to do.

Please check out this article from murthy.com.

http://www.murthy.com/UDbrin7y.html

Per the 3rd para of this article, any company can file for seventh year extension irrespective of the company who filed labor/i140.

I am also in the same situation as my six year h1b expires in may 2004. Just today I found this in murthy.com. Please let me know if you are aware about whether I can bring my wife in H4 with this 7th year H1B. (I am planning to get married in May'2004)


sthaniga.
 
Hi Guys,

any updates on this? My situation is also similar. I work for Company A and Company B filed my 1-140 and I 428 based on future employment. Can I apply 7 th year Extension from Company A or Can company B file 7 year extension straight meaning without transferring my H1 to them first then 7th year Extension? Please advise me on this. Thanks
 
One can apply for 7th year H1 based on ANY employers LC filed 365 days back
OR
I-140 pending
OR
I-485 pending

If LC filed by same employer or ANY employer 365 days back you need the evidence that LC was filed 365 days back and evidence is the receipt from SWA or SESA where your LC was filed normally lawyer who filed LC gets that receipt from SESA or SWA,( if lawyer never received the receipt he can ask the SESA or SWA for receipt) that has case# your name and date received. Just attach the copy of that LC filing receipt with 7th year H1 extension papers.
If I-140 pending just attach the copy of I-140 filing receipt
If I-485 pending just attach the I-485 filing receipt with 7th year H1 extension
 
Thanks for your prompt reply. I have one more complexity which I forgot to mention. My I 140 and I 485 was filed with an LC substitution(Company B). Am I still eligible for 7 year extension based on that from Company A? Instead of producing LC receipts can I Produce I-140 and I-485 receipts for the 7 year extension? Please advise. Thanks
 
I have one more complexity, which I forgot to mention. My I 140 and I 485 was filed with an LC substitution (Company B).
---- You can get 7th year H1 extension based on filing I-485 by B, company A can get your 7th year H1 extended because GC is for future permanent job offer you need to work with B once GC approved or better to start working with B before the I-0485 approval
Am I still eligible for 7-year extension based on that from Company A? Instead of producing LC receipts can I Produce I-140 and I-485 receipts for the 7 year extension?
-------- Yes- File with I-140 pending receipt or I-485 pending receipt ( better attach I-485 pending receipt)
 
Originally posted by ginnu
One can apply for 7th year H1 based on ANY employers LC filed 365 days back
OR
I-140 pending
OR
I-485 pending
Click to expand...

Augmenting on ginnu's post,

OR I -140 approved (at least in case of CP) and no further action taken yet.
 
Adding to what ginnu had mentioned :

My 140 was approved and the NVC had sent the receipt for Visa Fees (CP route) to the lawyer. So I did not have labor, 140 or 485 pending. But we successfully processed my 7th year H1.

Let me know if you need more details.
 
to ginnu and others..pls help

My I-485 is pending from past 6 months and I have received EAD and AP . Both my LC and I-140 are approved.

After 2 months of filing of I-485 with company A , I joined another company B on H1-transfer.
Now in Feb 2004 my 6 years on H1 are expiring. Can the company B file for my 7th year H1 extension ?

pls. let me know..
 
My I-485 is pending from past 6 months and I have received EAD and AP . Both my LC and I-140 are approved.

After 2 months of filing of I-485 with company A , I joined another company B on H1-transfer.
Now in Feb 2004 my 6 years on H1 are expiring. Can the company B file for my 7th year H1 extension?

-----YES, attach the I-485 filing receipt with 7th year H1 extension papers
 
Hi my case is similar to most of you,

I applied for LC in March 2003 with Company A and Company B

My H1 is with Company A.

My 6 years are expiring in SEP,2004 and I am planning to go for 7th year extension.

Can I apply for H1 transfer with company B as well as 7 th year extension together ?

Or do I need to transfer the visa first and then apply for extension ?

I have a receipt of LC

Pl. help,

Regards,
seena
 
to ginnu

Ginnu,

One more question -

If I leave company B and join Company C then

do they need to file H1 transfer + 7th yr H1 extension together

OR

just 7th yr extension will do with Company C.

Please let me know.

Thanks
 
ginnu,

You mentioned that one can file H1 transfer plus seventh year extension together. How do we do that? Do we have to file two set of forms one for transfer and one for 7 th year Extension to INS?. I looked at the I-129 form and no where we specify that this extension is for 7th year. Any inputs from you is highly appreciated.

Also one more question in all the application we get a question

"Have you ever filed a immigrate petition for any person in this petion?"

what is this mean?

Thanks
 
You mentioned that one can file H1 transfer plus seventh year extension together. How do we do that? Do we have to file two set of forms one for transfer and one for 7 th year Extension to INS?. I looked at the I-129 form and no where we specify that this extension is for 7th year. Any inputs from you is highly appreciated.

------ BCIS or USCIS is unclear on this topic and have not published any guidelines, your lawyer knows what to do and he charged the fees from you and should be able to guide you. he can file &th year extension at the same time and see if USCIS approves 7th year H1

"Have you ever filed a immigrate petition for any person in this petion?"

what is this mean?
------- I-140 is the immigration petition that is filed by employer after LC is approved, if I-140 has been filed
 
Help please

Hi All,

If a person is in 6th year and their labor is pending appeal(labor got rejected and lawyer applied for appeal) can I can a 7th year extension?

Any help will be greatly appreciated.
thanks
Anu
 
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