7th Year H1-extension

W

WaitingOver

Registered Users (C)
Hi All,

My 6 year limit going to be over in shortly. I am right now on valid H1-B status and already filed for I-140/I-485(both pending).

Now my questions are:
1) Can I file H1 extension on basis of pending I-140.
2) If yes, at what time i will be eligible for filing extension.
2a) Once the 6 year limit over OR
2b) Before the 6th year limit.
If answer to option B is yes, How early can I file (mean any law regarding time limit) ?

3) If I take 7th extension on the basis of I-140 and if unfortunately my I-140 get denied, what happen to my H1-extension. Can I keep working on 7th year H1-extension ?

Thank you for all your support and help.

WaitingOver.
 
Originally posted by WaitingOver
1) Can I file H1 extension on basis of pending I-140.
Click to expand...

Maybe. In order to qualify for a seventh-year H1, your LC or I-140 (In EB1/NIW cases) must have been filed more than 365 days ago.

2) If yes, at what time i will be eligible for filing extension. 2a) Once the 6 year limit over OR 2b) Before the 6th year limit.
Click to expand...

You may file at any point starting six months before the end of your six years, up until the expiration of your current H-1. Make sure your extention petition is filed BEFORE your current H-1 expires, just like a regular case.

3) If I take 7th extension on the basis of I-140 and if unfortunately my I-140 get denied, what happen to my H1-extension. Can I keep working on 7th year H1-extension ?
Click to expand...

This is a bit of a grey area. My non-lawyer mind tells me that you should be OK, but you will probably be unable to renew the the H after the seventh year is over.
 
Re: Re: 7th Year H1-extension

Thank you TheRealCanadian.


Originally posted by TheRealCanadian
Maybe. In order to qualify for a seventh-year H1, your LC or I-140 (In EB1/NIW cases) must have been filed more than 365 days ago.

*****My case is EB2/RIR. Can I file 7th year H1-extension. Also is it neccessary that I-140 filed more than 365 days ago.


You may file at any point starting six months before the end of your six years, up until the expiration of your current H-1. Make sure your extention petition is filed BEFORE your current H-1 expires, just like a regular case.



This is a bit of a grey area. My non-lawyer mind tells me that you should be OK, but you will probably be unable to renew the the H after the seventh year is over. ]

**** Any one have second opinion about this.....

Thank you.
Click to expand...
 
Re: Re: Re: 7th Year H1-extension

Originally posted by WaitingOver
My case is EB2/RIR. Can I file 7th year H1-extension. Also is it neccessary that I-140 filed more than 365 days ago.
Click to expand...

The reason I mentioned the I-140 is that in cases where the LC is not required, the 365 day clock starts on the receipt date of the I-140. Since you had a Labor Cert, if it was filed more than 365 days ago you are eligible for a 7th year H-1.

Any one have second opinion about this.....
Click to expand...

Anything you'll get is just an opinion, since I haven't heard of any cases of 7th year Hs where the underlying GC application was rejected. Is your I-140 solid? If so, you really shouldn't be too worried.
 
Most positively my I-140 going to be rejected. I am worried because i don't know how much time it will take.

In that case I am thinking 3 options:
1) If I go for appeal and reopen my case again OR
2) Try refiling I-140 again in EB3 with the same LC OR
3) start new process for fresh LC

Which one you suggest is better one and also
Will it be possible to get 7th year h1-extension on the above basis.

I appreciate your help.

Thank you.
Waiting Over
 
Hi WaitingOver, your situation seems to be somewhat complex. Better to consult a good immigration lawyer for proper advice.
 
Originally posted by WaitingOver
Most positively my I-140 going to be rejected. I am worried because i don't know how much time it will take.
Click to expand...

You're convinced your I-140 is going to be rejected? Why?

If this is the case, you need an attorney, not a message board.
 
Thank you all for your response.

I do not have direct contact with my company lawyer. My HR have exclusive right to discuss any issue with lawyer.

I am just looking for what option is good for me. Also Looking for help from people who came acress this kind of such situation.

Regarding I-140/I-485, My company filed in EB2 (BS + 5 year) for which i am not eligible. I am just waiting response from USCIS.

TIA
 
Originally posted by WaitingOver
I do not have direct contact with my company lawyer. My HR have exclusive right to discuss any issue with lawyer.
Click to expand...

Considering that your attorney is *your* representative in the I-485 stage, that's a violation of legal standards, but hey - it's your situation.

Regarding I-140/I-485, My company filed in EB2 (BS + 5 year) for which i am not eligible. I am just waiting response from USCIS.
Click to expand...

What does the LC state? If you're not qualified for the job in the LC then you have big worries. If it's merely selecting EB2 where the LC could support EB3 and you would qualify for EB3, we're still good. USCIS will simply ask you to amend the I-140 to indicate EB3 instead of EB2.
 
I do not think you can change the category as and when you want, if that was the case then most of us can file for EB2 and then change to EB3 even though we are not qualified.

Since your case is complicated I advise you to contact a good atty else the way UCIS is going you may get in to a mess.

It is better to do properly in the begining than to repent later.

It is just my advice.
 
You must log in or register to reply here.
Top