7th year extension without I-140

I went work basis. But I dont think that matters.

INS initially came back and said why they shouldnt reject it. My attorney(even though i didnt like her) she sent back a letter saying that INS hasnt gone through the full documentation. INS then approved it surprisingly!! Good luck. If you need further information please give me your email
 
Please dont do it in advance

Do it three days before your visa is expiring: there is a very good reason for this: When you apply for extension for 90 days you can work if INS doesnt reject. Good luck
 
No Title

Where did you file your extension paperwork? How long did it take for an initial response to come in from the INS?

Thanks.
 
File extension just a few days before your visa expires?

File for extension just a few days before visa expires? Isn\'t it kind of risky, in the sense although you\'re buying an extra time even though INS might reject it and by the time you hear back from INS 2 or 3 months might have passed already and which is a good strategy but unfortunately they reject it or even though you get let\'s say 2 or 3 months of extension but it\'ll be almost over by the time you hear from INS, you\'ll have very less time to prepare yourself and take care of things etc. if you\'ve to leave the country in couple of weeks or less than that. Do you know how many days grace period they usually give before you\'ve to leave the country?

Here\'s my personal e-mail address and feel free to drop me an e-mail if you\'ve to share any information with me \'Manish_Anavkar@hotmail.com\'
 
Payal any news about your 7th year extension???

Payal, Any news about your 7th year extension or extension for the time spent outside the US? Please let me know if you hear anything.
 
No Title

Got a letter from the INS today asking for status on my 1-140. Have until mid-dec to respond, we\'re not going to respond until close to the submission date. The INS didn\'t query on the recapture time or section 140 listed in the petition.
 
I-140 petition

My I-140 was filed & after some time the INS send a notice asking the company to submit some more proof of identity like the company is paying its employees,tax forms,copies of H1 of all the employees? The company told me to take back my petition since it was to much of paper work & also they did not have all the papers? Can they do that?
I was shocked at this?
Kindly help
 
No Title

Is your company an indian start-up or something? I know the INS is checking a lot of smaller firms. You shouldn\'t allow them to take back your application.
 
to Manish

I don\'t know where on shushterman.com you read that \'LC is not eligible\'. I found this on that site:

"..The only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition."

see NEW H-1B LAW: INS\'s FAQ Q.14 (last sentence) under H-1B section.
 
LC

My H1 is expiring in Feb 2002, and my employer hasn\'t applied for
green card yet, but one of my friends applied for Labor through the
same company and he didn\'t use that. Everything matches my profile
and my question is can I use that Labor and apply for I-140 and also
apply for extension. The Labor is almost 2 years old
 
H1 6 years expiring

Somebody please help, my h1 is expiring in Feb 2002 and my employer
is trying to use somebody\'s LC applied through the same compay in
1998 to apply for I-140, my question is can I apply for extension
based on the old LC date or do I have to wait till my I-140 is
approved. Thanx in advance.
 
H1 - 6 years expiring, please help (Payal 420, please comment)

My labor was filed in boston on april 11, 01. Last time i checked, they were processing feb20, 01, on november 5, 01th. My h1 expires jan 26 2002. What options do i have. Should i file for extension of h1 under the following conditions:
1. i got married in india and greece (21 days)
2. I went to represent my father and met with a company in paris for
   16 days, and have a letter to prove that
3. i went on several vacations, some were business development trips, and one was a recruiting trip from the H1 employer.

Will these work. Please help. Do i need airline stubs, or the indian entry and exit stamps will be enough.
My lawyer suggests filing this a week before jan 26.
But i have to prepare everything.

Any commesnts or suggestions.
 
No Title

My understanding is that only work-related days can be captured. You should still file an extension just to get extra time to get your i-140 filed. You can ask your lawyer to file on the basis of recapture time outside the US.
 
Payal:: 6Years; LC not Cleared; No I140... any options????

Payal,

I understand that your lawyer has presented 2 options for VSC to pick from. My situation is that LC is pending at NYC since early 1998 and no I140 filed as LC is not cleared.

As per my understanding, you cannot apply for a 7th year extention as you do not have I140 pending. Spent very few days outside US to reclaim it as lost h1 days.

I am willing to switch lawyers if there is a way to do things with your attorney.

Thanks
 
No Title

My lawyer has changed since my 7th year filing. The new lawyer says that my 7th year paperwork should not have been filed at all (as I don\'t have a pending I-140). I\'m transferring to the UK next month.

I would say refile your labor under RIR or be prepared to leave the US for one year.
 
7 th year extension based on this.- Payal ?

This may throw some light on the 7th year extension . i got this from the INS web site.

Finally, AC21 gives extensions of H-1B status in one-year increments to H-1B
aliens who have an employment-based immigrant visa petition or application
for adjustment of status pending if It has been more than 365 days since the
visa petition or the labor certification application has been filed. Note
that the adjustment application, labor certification, or visa petition need
not necessarily have been pending for a year to obtain this benefit. The
only requirement is that 365 days have passed since filing of the labor
certification or immigrant visa petition.
 
7th year extension

I dont understand some of the postingsabove. One does not need an I140 pending to file for a H-1 extension. All that is required is that the labor certification is at least 365 days old. For those of you whose lawyers are stating that a I140 needs to be filed and whose LCA is pending more than 365 days, I would advise consulting an experienced lawyer. Some of the recent laws are being interpreted differently by lawyers.
 
Got 7th Year Extension

I changed job at 5th year in H1B.

1. Applied for Labor after two months. (10 months towards expiry)
2. Labor approved in 6 months.
3. Applied for I-140
4. Applied for Recapture of H1 for 3 months of vacation taken.
5. Recapture approved for 1 year.
   (Bill => Labor + I 140 great than 365 days
6. I-140 got approved.
7. Filed for 485.
8. Got Receipt. Waiting on FP.

I hope these informations might help someone.
 
No Title

The INS web site info is ambiguous. You have to have labor pending for over 365 days and I-140 filed to get an extension.
 
You must log in or register to reply here.
Top