7th year extension with out proof of LC pending

A

averagedesi

Registered Users (C)
Folks

I am kind of confused with the way my attorney has filed for my 7th year extension. My labor is pending for over 365 days, however I dont see any proof of my pending labor being attached in my application.

I emailed my attorney and the paralegal gets back to me saying, they will request for the proof and we will provide the information at that time.

Is that correct? I remember reading posts suggesting that labor pending screenshots being submitted along with the H1B extension application.

Please let me know

Thanks
 
Come on guys, this is a fairly simple and straightforward question rite?

I would appreciate some insight

Thanks
 
Its more simpler and straightforward to go through the pervious posts and figure out yourself. Please take some effort to get what you want!

averagedesi said:
Come on guys, this is a fairly simple and straightforward question rite?

I would appreciate some insight

Thanks
Click to expand...
 
averagedesi said:
Come on guys, this is a fairly simple and straightforward question rite?

I would appreciate some insight

Thanks
Click to expand...

Most probably you will recieve an RFE and you need to respond to that with the proof. This will unnecessarly delay your approval.
But straight forward way is to provide all those proof in advance while applying for H1 extension and tell that in covering letter that you are asking for 7th year extension as your labor certification application is pending in BRC for more than 365 days.
 
Last edited by a moderator:
Tarikida, I appreciate your response.

Mr First1, if you dont know the answer or dont want to help or dont know shut ur mouth and keep quite.

I just posted the question to double check.
 
proof must be submitted with the request

I have same case. My lawyer didn't submitted the proof of LC pending and my extension result in getting 2 months extension only.

I have emailed to my lawyer when I received the copy of application but he have never replied.
After we got the 2 months extension, my lawyer sent email to INS for the reason of getting only 2 months extension but got no responese. I suspect that is because he didn't provide the proof of LC pending.

My lawyer want me to request another extension again with half price of legal fee. I don't think that is fair to me. He messed up the request and asked for money again!!

Finally, I submitted by myself another extension with the proof of LC pending and I got the perfect one year extension.
 
Screen shot attached to application

My attorney first got the screen shot for the proof of labor pending and then filed the application...

Hope that helps...
 
I had the same issue. After emailing PBEC several times they did not send the screen shot. We filed without the screen shot but included the mailing receipt and copy of Form ETA 750 etc. I consulted a "big" law firm. This is what they said would happen.
The USCIS will issue a RFE asking for screen shot or 45 day letter. You will have 270 days to reply with the proof from the date that the RFE was issued. You will be in status and continue to work for the 270 days. My lawyer said by that time PBEC will send the screen shot. Guess what, luckily they indeed sent the screen shot a few days after we filed the H1 extn. My lawyer immediately sent the proof and asked for premium processing and H1 was approved.

In your case, you dont need the lawyer for the labor proof. Try emailing PBEC/DBEC with your case details. First and Last Name. Name of company (as in the labor cert appl). Position etc. Email from your work id, dont send it from gmail. Now that the BECs have almost completed data entry you should get your response in a day or two. If you dont get it I suggest having your manager call the number for BEC (its on the dol website) and ask what happened to your app.

Not legal advice. Just what happened to me. So use this info at your own risk.
 
I have the same problem that ny-nonrir faced. I am due for 7th year extension and after repeated attempts to get the the screen shot from PBEC for my case filed more than 365 days, i am not able to get any response. I was also told by a "big lawyer" that RFE will come and in that time period we shud be able to get a response from PBEC. and to file for extension with the copy of the labor application filed and mailing receipt. That is what i plan to do if no proff is sent by PBEC. What I am afraid of is that the lawyer screwed up the case and my case never reached PBEC. and they have no pending labor application for me. Why else they wudn't provide a proof (i have tried sending the emails myself also). If that is the case that they don't have my case, what options would i have or will go out of status and won't be able to continue living here? I'll appreciate any inputs.
 
Hi everything_gud,

I've a similar issue like yours.

My traditional EB2 labor was filed during Jan 2005 in CA (6 years of H1 expiring in Aug 2006).

I never received a case number for my case. Apparently they've moved everything to BECs. In spite of repeated requests (from lawyer, office email..), Dallas has not send me any screensot for the my petition).

Finally, my 7th year H1 extension was filed in May 2006, without screenshot. 2 weeks back I got RFE for "proof of LC" pending for 365 days.

I'm waiting for another 2 weeks. Thereafter intend to

1) Reply to RFE with Fedex receipt for original Jan 2005 filing
2) Attach 750A that was part of that original application

Is there anything better that can be done ?

PS. My PERM from Jan 2006 is also pending (I tried to recapture PD of Jan 2005), PERM is still "in process" probably on account of this.

Thanks very much. Appreciating any input from all you knowledgeable guys.
 
Do let us know

HI bjkmr_la

Since i will be facing the same problem in another month's time, i will really appreciate if you could update about what happens when u send the fedex receipt etc. Did you lawyer say anything about wht wud happen in case fedex receipt is not considered proof enuf?? Will the extension application be denied?

bjkmr_la said:
Hi everything_gud,

I've a similar issue like yours.

My traditional EB2 labor was filed during Jan 2005 in CA (6 years of H1 expiring in Aug 2006).

I never received a case number for my case. Apparently they've moved everything to BECs. In spite of repeated requests (from lawyer, office email..), Dallas has not send me any screensot for the my petition).

Finally, my 7th year H1 extension was filed in May 2006, without screenshot. 2 weeks back I got RFE for "proof of LC" pending for 365 days.

I'm waiting for another 2 weeks. Thereafter intend to

1) Reply to RFE with Fedex receipt for original Jan 2005 filing
2) Attach 750A that was part of that original application

Is there anything better that can be done ?

PS. My PERM from Jan 2006 is also pending (I tried to recapture PD of Jan 2005), PERM is still "in process" probably on account of this.

Thanks very much. Appreciating any input from all you knowledgeable guys.
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