Hi
I'm planning to apply for my 7th year extension based on my pending labor at NYDOL. My visa will expire in May 05. Based on the current processing dates I'm hoping that I may get my LC approval very soon because couple of cases, which were applied on the same date as mine, got certified recently and mine is next.
Based on the above, is it a good idea to apply for 7th year extension NOW or wait for three more months (till April) and if I get my LC approval by then file I-140 and then apply for 7th year extension?
My concern is, if I apply extension now what happens if my labor gets approved during the course of the H1B processing time. If INS sends any queries regarding the evidence for pending labor, I cannot go back to the Depart of Labor asking for the evidence because my case got approved and they will not issue a letter indicating that my case is still pending. How do I support the fact that my case is still pending with the dept of labor to get the 7th year extension?
My lawyer said he will attach a copy of the letter that he received from NJ SESA when they forwarded my case to NYDOL as the evidence for pending labor. Is this enough or should I explicitly obtain a separate letter from NY DOL?
I appreciate if somebody clarifies it.
Thanks
ind
I'm planning to apply for my 7th year extension based on my pending labor at NYDOL. My visa will expire in May 05. Based on the current processing dates I'm hoping that I may get my LC approval very soon because couple of cases, which were applied on the same date as mine, got certified recently and mine is next.
Based on the above, is it a good idea to apply for 7th year extension NOW or wait for three more months (till April) and if I get my LC approval by then file I-140 and then apply for 7th year extension?
My concern is, if I apply extension now what happens if my labor gets approved during the course of the H1B processing time. If INS sends any queries regarding the evidence for pending labor, I cannot go back to the Depart of Labor asking for the evidence because my case got approved and they will not issue a letter indicating that my case is still pending. How do I support the fact that my case is still pending with the dept of labor to get the 7th year extension?
My lawyer said he will attach a copy of the letter that he received from NJ SESA when they forwarded my case to NYDOL as the evidence for pending labor. Is this enough or should I explicitly obtain a separate letter from NY DOL?
I appreciate if somebody clarifies it.
Thanks
ind