7th year extension

M

mahinurs

Registered Users (C)
My 6 years on H1 got expired on Feb 28th and my employer hasn\'t applied for my GC, but he has applied for H1 extension till December 2002(saying that I am really needed in their company), Is there any chance that INS is going to approve this, please somebody throught some light regarding this matter. By the way I am using my friends Labor which was filed through the same company and file I140 once I get the H1 extension.
Thanks in advance.
 
My 6 years on H1 got expired on Feb 28th and my employer hasn\'t applied for my GC, but he has applied for H1 extension till December 2002(saying that I am really needed in their company), Is there any chance that INS is going to approve this, please somebody throught some light regarding this matter. By the way I am using my friends Labor which was filed through the same company and file I140 once I get the H1 extension.
Thanks in advance.
 
extension

apply for time of of US..

Im doing the same..thats the only
way to extend for more time.

good luck.
 
are your using an attorney

are you using an attorney? is one considered in status if one files for extension of H1 beyond 6 years even though you are not officially eligible for it (say the labor is not approved or labor is approved but PD is less than 365 days). what i mean is that if your 6 years of H1 has expired or is about to expire and you file for extension, are you considered in status till INS decides on your case? From what i understand INS typically takes 2-3 months to issue a RFE. please let me know since i am in a similar situation and am currently considering all options.

kuversa
 
I dunno if you can get the 7th yr extension

just \'cause your company needs you badly unless they are using AC21 clause. But from your posting I guess you don\'t qualify for AC21 as you have not filed your I140 yet.....I seriously doubt if you\'ll get your H1 approved....You can use "out of country" vacation to get your H1 extended beyond 6 yrs....or there used to be an "O" visa category for extra-ordinary aliens...but i dunno if it still exists....

To address the other question, once INS denies your H1 petition, I guess you\'re out of status from the date your old H1 expired.
 
Speak to a qualified immigration attorney now!

My opinion based on the very limited information here is that there was no legal basis for extension of the visa and therefore you are accumulating overstay. The petition will be denied unless INS makes a mistake (sometimes they do).

There is no provision anywhere in the immigration code that permits extension of an H-1 if the employee is "really needed". Every employer thinks an employee who is earning them money is really important to them, particularly now.

If you are that critical, why not file for an "O" visa as suggested above? You could then file for an EB-1 GC based on Extraordinary Ability or a National Interest Waiver.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
Friends labor - what does this mean

Can you explain what does it mean by using friends labor to file I 140.
Thanks
RG
 
\'Badly needed\' does not sound convincing

I guess milli\'s reply seems very appropriate. I do not think an immigration attorney would advise to file for H1 extension beyond 6 years without having i-140 filed or LC Date is more than 365 days. "O" visa cases are there but they all are linked with GC processes. Moreover it is very hard to document that one is really extra ordinary. 6 year restriction is so restrictive that you can not even come back with any new category or under \'any\' kind of visa no matter where you travel outside US. I know of cases where a citizen spouse would have applied for GC for the other spouse who was on H1 but if GC took long, the other H1 spouse had to go out of country for at least a year because his/her H1 got expired in the meantime. COnsult attorney well to avoid any further severity on your future visa apportunity due to out of status issue. Hope this helps,
 
Reply to "kuversa"

My attorrney also states that when you have applied for H1 extension and is pending adjudication by INS, the Receipt Notice from INS should provide you the lattitude to stay for upto 240 days (from the receipt date).

But what I did not know as "milli" pointed out was that if INS rejects your extension petition then you fall out of status from the date your original 6yrs. expired.

My suggestion would be, apply for the extension, if INS issues a NOF to provide proof of I-140 filing, you have a typical 90 day time period to respond. Well, you have been signalled to leave before that 90th day hits and I'm sure you'll be safe from being debarred for 10 years for reasons of overstaying your visa, since you left before final adjudication
 
Premium processing for 7th year extn.

This is for anyone who knows about premium processing:
My six year H1 is about to expire and now I'm preparing for 7th year extension based on >365 Labour & I140 result pending. Can i extend my extension through premium processing?

Thanks for your replies.
 
Yes You can do Premium Processing....

Premium processing is available for H1B petitions....That includes Extension of Stay also as long as you are eligible for that extension
 
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