7th year extension without I-140

Payal420

Registered Users (C)
Hi, has anyone gotten their 7th year extension based on LC pending for more than 365 days but without a pending I-140 (AC21 section 106).

Thanks.
 
I\'ve seen it once

Can\'t be certain that it was not a mistake by INS. I\'ve only seen it once.

Jim
 
No Title

Thanks Jim. My lawyer sent in my extension paperwork end June under section 106 as I haven\'t filed I-140 yet. My RIR is currently in the pipeline at Chicago.
 
Here is some company for you

Filed for 7th year extension in March,01 without a pending I-140 but with LC pending over 365 days. I applied for I-140 in June, 01. I got an RFE this week aksing for the information on my pending I-140. Got 90 days to respond :(

Please give any info if you have seen a case like this..
 
No Title

Was this RFE in response to the initial extension application? Which center did you file at? I can check with my lawyer on this.
 
No Title

It is at NSC. The RFE is for the 7th year extension application. I had H-1 extension through the same company before, but it was before 6 years.
 
H I B extension

My lawyer filed I-129 petition to get H1B ext approval during March2001. Subsequently,he/she clarified the query asked by INS,vermont center saying that 6yr period completion date[oct 31,2001] and vacation period availed[87 days] during the six yr of stay in USA.

On that context, the lawyer sent a request of further extension of 87 days to grant an approval for stay considering the port of extry and exit information.

Finally, INS approved the H1B ext with incorrect validity date on the petition. Now My lawyer is trying to correct the validity date on the approved H1B ext petition. In the meanwhile, My RIR -- LC in process now.

Could someone have idea about this type of case?

Flash your knowledge here.
 
No Title

Since you have an I-140 pending your lawyer should file an amendment. No sweat, you\'ll get the extension.
 
87 days

Hello:

INS approved with incorrect validity date which is not falling under 87 days further extension timeframe.

My lawyer approached the INS to correct. So far no action.

For that only, I posted this query to get others experience on this kind of case.
 
H1-B extension beyond 6 years - I140 not filed....

My 6 year H1-B visa is expiring on Jan 15 2002. My Labor Certification was filed and sent to San Francisco DOL in February 2000 but still no response from DOL. Obviously I-140 is not filed yet. Can I file for extension of H1-B under section 106 of the new law? Has anyone done or gotten extension in such cases?
Also when I got my H1-B visa in 1996 it was back-dated. The visa was stamped in Feb 1996 and I came to US on March 1996 but the date on petition and visa was Jan. 15th 1996. Will I get extension for this period or the vacation period that I was out of country (approx. 3 months)?
Can somebody please help me with these questions?
 
Can you please let me know?

Payal, I guess my case is similar to yours. My LC is pending in San Francisco DOL from last 1 year and 7 months and I-140 is not filed yet and my 6 year H1-B is expiring in Jan 2002. Is your case similar? You said your lawyer has filed for extension under section 106 of AC21? My company lawyer told me only people with I-140 filed 365 days ago can file for 1 year extension. I don\'t trust him anymore but please get in touch with me as soon as you read this note and let me know if your case was similar to mine or not and if you\'ve filed and gotten extension or not. You can e-mail me directly if you want on \'Manish_Anavkar@hotmail.com\' I\'ll appreciate your quick response. Thanks
 
Did you have any International Travel?

I had an ongoing international travel and that helped me extend for 90 days. Hope your case is the same. You have to make a huge documentation saying that while you were out someone here worked in your position and that way you didnt use your h1 b that period. Hope this helps you.

good luck
 
No Title

Yes my case is similar. My lawyer said that there\'re enough loopholes in the law to file for a 7th year extension. She filed under two conditions - section 106 and time outside the US (80 odd days). The application is pending at the vermont center, was submitted end of june \'01. No word yet.
 
Yes I do have international travel...

Yes I had taken 3 vacations to India, of approx. 1 month each. That gives around 3 months. Plus initially when I got my visa, although it was stamped on Feb 27th 1996 they put the date of petition i.e. Jan 15th 1996 on it and I actually landed in the US on March 26th. After reading some messages posted here I guess, I should get credit for those days too, because some people have said that they got credit for those days. That gives 2 more months. If everything works out I should get anywhere from 3 to 5 months of extension. Meanwhile if LC is done and I-140 is filed I should be eligible for yearly extension under 106 anyway. Right? So Payal your attorny filed for extension under both clauses assuming loopholes in 106. Something I should tell my company lawyer and hope he agrees. Meanwhile if you do get extension for 1 year please let me know. That\'ll give me more confidence I ugess :) thanks.
 
No Title

The time outside the US has to be work-related and not vacation time (though in a few cases the INS hasn\'t queried on it).

Clarification - not loopholes in 106 but the law itself. My lawyer (from Greenboro and Traurig) basically presented two options for the INS to pursue. Off course I\'m hoping they go with the 1 year extension but there\'s practically no precedence..
 
No Title

I\'m refering to some messages posted right here under this secion. Looks like everyone has differnet opinion about this. As you said it has to be work related. One guy has said it has to be days without pay. The other guy has said it doesn\'t really matter if it\'s with pay or without pay. I guess the best bet will be to file for whatever you can and hope for the best that you get for everything. But this is something I should clarify from the attorney I\'m consulting for the 2nd opinion. In your case was it really work related? Is this something they really verify? or I guess it depends on case to case basis and if you\'re lucky they won\'t ask.
 
No Title

The other guy from my co. who\'s case is similar to you and me, had consulted some attorney from NY. He just told me that this attorney from NY had told him that if the stay outside the US, is WORK RELATED or vacation then you may not get extension unless it\'s emergency (like death of a close relative) or special occassion like (marriage etc.) I guess interpretation of this differs from lawyer to lawyer ;) I don\'t know what to believe. BTW the same lawyer just told him that those who have not filed I-140 yet but 365 days have passed since filing of LC should get 1 year extension according to section 106. If you goto www.shusterman.com one section under Visas-H1b-FAQ Q # 3 clearly says "an H-1B worker whose application in still in the labor certification stage is NOT eligible for an extension under this section" i.e. 106. I don\'t know whom to believe but I guess everybody is interpreting it one way or the other. I\'ll let you know if I hear anyting from anywhere.
 
Extension of H1

Hello folks, how many months before the expiry of six years should I apply for an extension visa ? ( It is already two years since I applied for labor cert).
Thanks in advance

Sarma
 
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