7th year H1-B extension ..Urgent Please Help

usamunda

Registered Users (C)
:confused: Friends,

I'm not eligible to file for 7th year H1-B extension based on my pending LC petition. My LC petition was not filed before 365 days of my 6 years H1-B validity period. Even after re-capture of time which i had spent outside U.S, i'm short approximately one month period for that 365 days period.

My consulting firm had some LC petition cases of other fellow colleagues of mine which are pending for more than 365 days. Some of my colleagues had filed for their 7th year extensions based on their respective pending LC petition case.

My question is:

Is it possible for me to use their pending LC petition case receipt and file for my 7th year H1-B extension. State Workforce Agency had given the receipt to my employer in which they had mentioned the name of the employer and the beneficiary (my colleagues name).

I don't have an intension to use the approved LC for my further GC process, but was not sure whether i can atleast file for my 7th year extension based on their pending LC case.

Any help and advise would be appreciated.

Best Regards..
 
usamunda said:
:confused: Friends,

I'm not eligible to file for 7th year H1-B extension based on my pending LC petition. My LC petition was not filed before 365 days of my 6 years H1-B validity period. Even after re-capture of time which i had spent outside U.S, i'm short approximately one month period for that 365 days period.

My consulting firm had some LC petition cases of other fellow colleagues of mine which are pending for more than 365 days. Some of my colleagues had filed for their 7th year extensions based on their respective pending LC petition case.

My question is:

Is it possible for me to use their pending LC petition case receipt and file for my 7th year H1-B extension. State Workforce Agency had given the receipt to my employer in which they had mentioned the name of the employer and the beneficiary (my colleagues name).

I don't have an intension to use the approved LC for my further GC process, but was not sure whether i can atleast file for my 7th year extension based on their pending LC case.

Any help and advise would be appreciated.

Best Regards..

After filing of " Substituiton of Alien" petition you can use it on your name and get it extend your H1 for 7th year.
 
Have you tried consdering PERM to get new Labor and applying for 140. I am not sure about this AC21 portablity rule, but some person had suggested that if you have a labor cleared and 140 filed you can get extension even if your Labor is not filed before 365 days.

Contact your lawyer and ask about this and please post it in this thread,
 
Hi,
If you don;'t have option like filing PERM or using Substitute labor, You can still file for 7th year. As you have mention you are only short of one month, so after your last day ( mention on your I-94) you can go back to your country for a month, and ask your company to file 7th year after completion of 365 days. You can still come once you got your extension.

Under AC21 rule, you can file for 7th year, even if you are out of US and your LC is pending for more than 365 days.


usamunda said:
:confused: Friends,

I'm not eligible to file for 7th year H1-B extension based on my pending LC petition. My LC petition was not filed before 365 days of my 6 years H1-B validity period. Even after re-capture of time which i had spent outside U.S, i'm short approximately one month period for that 365 days period.

My consulting firm had some LC petition cases of other fellow colleagues of mine which are pending for more than 365 days. Some of my colleagues had filed for their 7th year extensions based on their respective pending LC petition case.

My question is:

Is it possible for me to use their pending LC petition case receipt and file for my 7th year H1-B extension. State Workforce Agency had given the receipt to my employer in which they had mentioned the name of the employer and the beneficiary (my colleagues name).

I don't have an intension to use the approved LC for my further GC process, but was not sure whether i can atleast file for my 7th year extension based on their pending LC case.

Any help and advise would be appreciated.

Best Regards..
 
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