7th year extn - Eligibility!

W

Wrangler

Registered Users (C)
Hi All,

Need some clarification on the eligibility for 7th year extn. The LC has been approved and yet to file I-140. If the 6th year H1B is expiring by Feb 2006, and if I-140 is filed in Mar/April 2005, will this case be eligible for 7th year extn?
 
Wrangler said:
Hi All,

Need some clarification on the eligibility for 7th year extn. The LC has been approved and yet to file I-140. If the 6th year H1B is expiring by Feb 2006, and if I-140 is filed in Mar/April 2005, will this case be eligible for 7th year extn?

---- YES,let the employer/lawyer file the I-140 ASAP

** if your LC was filed before Jan 1, 2002(your PD is the date LC was recieved by SWA) and EB3,and you belong to India, China still you can file I-140 and I-485, EAD AP. if you are EB2 case no problems you can file I-140, I-485 EAD AP.
Click to expand...
 
Thanks Ginnu,

Need to double clarify !

# 6th year h1b expiring in 2006/Feb
# Labor Approved Dec 2004 for eb3
# PD date August 2004
# Not Yet filed 140.

If for some case if we file the 140 in June of 2005, is this case eligbile for the 7th year? if so under what law / rule

Thanks for your Time
 
Last edited by a moderator:
Wrangler said:
Thanks Ginnu,

Need to double clarify !

# 6th year h1b expiring in 2006/Feb
# Labor Approved Dec 2004 for eb3
# PD date August 2004
# Not Yet filed 140.
-----------------file I-140 ASAP
If for some case if we file the 140 in June of 2005, is this case eligbile for the 7th year?
------ yes
if so under what law / rule
-----go to your lawyer pay the fees and get the copy of law or rule
Thanks for your Time
Click to expand...
 
Hi Ginnu, RincyTom
My husband is in his 6th yr of H1B. His H1B is getting expired by the end of fob 2005.
His lawyer says that they haven't received any letter from BEC yet also they tried to get the pending LC letter fro them
but are stating that the BEC was not able to provide them with the same yet as they have lots of chaos there.
And they applied the H1 extensions w/out the letter. We do not fully trust the lawyer and the employer as there is lot of communication gap.
Do you know of any other means by which we can check the status of the application.
Is it possivle that the lawyer of some other company which is ready to file for my husbands 7th year extension can get the information fron the system.
Just by providing the case number.
We have the receipt stating that the application was moved to Regional.

Please do reply soon.
thanks
 
Ginnu,

Please check the link: http://www.immihelp.com/visas/h1b/beyond6.html

Under Scenario 2, it says:
"Effective October 17, 2000, The American Competitiveness in the Twenty-First Century Act(AC21), permits H-1B non-immigrants to obtain an extension of H-1B status beyond 6-year maximum period, when the H-1B non-immigrant is the beneficiary of an employment based (EB) immigrant petition (I-140) or an application for Adjustment of Status ; and 365 days or more have passed since the filing of a labor certification application, Form ETA -750, that is required for the alien to get employment based greencard, or 365 days or more have passed since the filing of the EB immigrant petition(I-140). "

If I file my I-140 in June 2005, I won't have 365 days pending, between the I-140 filing date and H1 b expiry date(Feb 2006), which makes the case ineligible for 7th year extn....

Please advise.....!
 
7th Year Extension

Hello Forum Friends;

I have an approved labour that was applied in 2004.
My h1b- 6thyear is ending in Sept 2005.
Q1) Do you think I can apply for the 140 sometime by March 2005 and still be able to get the 7th year extension ?

Q2) or Do i have to go out the country for a year untill I get my GC or for 1 year.

Q3) Is it necessary that 365 days Labour pending or 365 days of 140 pending for the 7th year extension.

Thanks for your time and advice.

ArunRamanathan
 
 
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