You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
7th year extension without I-140
- Thread starter Payal420
- Start date
What do you need to file for 7th yr extension
My LC was filed in Mar 2001 in Texas and is at the Federal Level - Dallas for approval. My 6 yr H1-B expires in the 3rd week of Mar 2002.
My law firm (company\'s) indicates that mere filing for LC and time elapse of 365 is enough to apply for 7th yr extension. Is this true?
Or LC Approval and I-140 filing is needed
Or LC Approval and I-140 Approval is needed.
I\'m confused, please help.
My LC was filed in Mar 2001 in Texas and is at the Federal Level - Dallas for approval. My 6 yr H1-B expires in the 3rd week of Mar 2002.
My law firm (company\'s) indicates that mere filing for LC and time elapse of 365 is enough to apply for 7th yr extension. Is this true?
Or LC Approval and I-140 filing is needed
Or LC Approval and I-140 Approval is needed.
I\'m confused, please help.
H1-B Expiration/Extension Dilemma/Anxiety
As of 12/2001, Dallas DOL is processing cases from 2/2001. So, approx 10 months lag time. Looks like may case was transferred to Dallas DOL in 8/2001 from State Level. So, I expect my case to come in for adjudication around 6/2002. But my 6 yr term on H1-B expires in 3/2002.
My company law firm indicates that their interpretation of the AC21 is
1. LC Approval "AND"
2. I-140 must be filed
to apply for 7th yr. extension
But they say that they file in the last few days prior to expiration for the extension, since INS takes some time to loook into the case. This buys additional time for LC to be cleared.
If INS does not notice then you get the extension. But if they do ask for evidence of I-140, then the law firm says that I can not work.
Any good suggestions from you guys is very much welcome. Thanks for being a support group.
As of 12/2001, Dallas DOL is processing cases from 2/2001. So, approx 10 months lag time. Looks like may case was transferred to Dallas DOL in 8/2001 from State Level. So, I expect my case to come in for adjudication around 6/2002. But my 6 yr term on H1-B expires in 3/2002.
My company law firm indicates that their interpretation of the AC21 is
1. LC Approval "AND"
2. I-140 must be filed
to apply for 7th yr. extension
But they say that they file in the last few days prior to expiration for the extension, since INS takes some time to loook into the case. This buys additional time for LC to be cleared.
If INS does not notice then you get the extension. But if they do ask for evidence of I-140, then the law firm says that I can not work.
Any good suggestions from you guys is very much welcome. Thanks for being a support group.
No Title
How is this possible? My 7th extension paperwork was filed with the vermont center in end june 01. The application listed 3 months recapture and extension based on ac21. Got a remand in october asking for approved labor and copy of 1-140 filing. Since I don\'t have either (RIR is pending in chicago), the lawyer indicated that only labor has been pending > 365. The lawyer is absolutely certain that the extension will not be granted. I\'m currently waiting on a response from the INS.
How is this possible? My 7th extension paperwork was filed with the vermont center in end june 01. The application listed 3 months recapture and extension based on ac21. Got a remand in october asking for approved labor and copy of 1-140 filing. Since I don\'t have either (RIR is pending in chicago), the lawyer indicated that only labor has been pending > 365. The lawyer is absolutely certain that the extension will not be granted. I\'m currently waiting on a response from the INS.
Dont post extension application at last minute
Basis for AC21 is that application for extension was made with adequate time before expiration and with the intent of not delaying your stay while the application is pending. If INS determines that you intentionally did this, they can reject your extension and you would have to leave the country immediately.
Basis for AC21 is that application for extension was made with adequate time before expiration and with the intent of not delaying your stay while the application is pending. If INS determines that you intentionally did this, they can reject your extension and you would have to leave the country immediately.
Reference in AC21 for application of extension time
Do you know if AC21 specifically states a certain number of days as minimum requirement to file for extension or is it an INS interpretation of AC21?
In my case, H1 (6yrs) expire on 3/22. But 365 days of elapse since filing for labor is on 3/19. So, I really don\'t have much of a choice but to file for extension after 3/20 & before 3/22 !!!!
Do you know if AC21 specifically states a certain number of days as minimum requirement to file for extension or is it an INS interpretation of AC21?
In my case, H1 (6yrs) expire on 3/22. But 365 days of elapse since filing for labor is on 3/19. So, I really don\'t have much of a choice but to file for extension after 3/20 & before 3/22 !!!!
For R_ROSS
Can you please elaborate on the process/paperwork etc. submitted for your 7th year extension? I told my lawyer that a bunch of folks are getting their 7th year based on labor>365 (my case) but she\'s like no way - she thinks my application is invalid and shouldn\'t have been filed to begin with. A different law firm filed my application back in end June 01 at VSC.
Thanks
Can you please elaborate on the process/paperwork etc. submitted for your 7th year extension? I told my lawyer that a bunch of folks are getting their 7th year based on labor>365 (my case) but she\'s like no way - she thinks my application is invalid and shouldn\'t have been filed to begin with. A different law firm filed my application back in end June 01 at VSC.
Thanks