7th year is it possible?

Guys,

It is strange to see that people are expressing different opinions about such a simple and clear law. Read the link given in Ginnu's posting again. One can extend the H1 status beyond 6 years IF one has completed 365 days after LC application. Ashkar's lawyer is correct. Whether your LC is pending or cleared DOES NOT matter. All that matters is 365 days from LC application date and that's all !

Dont get confused about the "or" part in HR 2215 ! That "or" is only to say that you are eligible for extension if
1. either your LC is pending for 365 days or more
OR
2. your LC is cleared and you have filed for 140/485 AND 365 days have passed from LC application date.

You can talk to any number of lawyers, HR2215 is not going to change.

Hope this clarifies all confusions.
 
Nshalady

You were also like others; you also posted earlier that 365 days LC AND I-140 0r I-485 pending is needed. You learned now from Ginnu post that one can file7th year extension if LC filed 365 days back or I-140 or I-485 pending.

It seems to me that ASHKAR may be asking his lawyer if he can file 7th year on the base of his LC that is only 5 months old and still not approved the lawyer is correct that he can not file for 7th year H1 extension based on LC that is not approved and his I-140 or I-485 is not filed.

Dear Ginnu don’t waste the time to reply such posts that have no base. You clearly posted that Once AKSHAR gets LC approved and then files I-140 or I-485 and gets receipts then only he can file for 7th year extension and I know only that will work. AKSHAR is just wasting the time of others and lawyers. His Lc is not cleared and he has not filed I-140 or I-485. AKSHAR does not know that even if Chicago approves the LC it takes 20-30 days to reach the approved LC hard copy in lawyer office after approval date. Ginnu I request you to take up the other posts and who have many concerns. Thank you very much for your services.
Kind Regards and all the best to all.
 
Dear Rahee,

I am also like others in making mistakes, but I am different in correcting myself and learning from others.

Anyways, I thought I have clarified the latest law changes in my previous post. but looks like you have once again gone back to incorrect information. Note that "365 days" is the key here. Not 140 or 485. Whether LC is approved for Ashkar, and he files for 140/485 is immaterial for H1 extension. Hope you get it right this time. Good luck.
 
Dear Rahee:
Again you misunderstood my question. I have been reading Immigration.com’s threads very well. I am not a fool to ask for 7th year extension based on my labor pending for 5 months. I am not wasting other’s time. If ‘Chinna74’ gets 7th year extension. I am happy and as well as others. I want to confirm this.

My question is same as ‘Chinna74’.

I asked my lawyer for 7th year with the following condition:

LC Approved less than 365 days, I-140 filed and pending
OR
I-485 filed And pending.

My Lawyer said ‘NO’, but Ginnu said ‘YES’

Hope you understood my question and my lawyer’s answer also.

Nshalady: Thanks for your comments. If there is a law, I am trying to find an alternative law to break the actual. Sometimes we can’t break it if there is no alternative law.
 
Chinna74:

Did you talk to your lawyer regarding 7th year extension?

Did you file for 7th year extension?

Please do reply.
 
Eazy guys... we all are here to help ourselves..

Now listen this..
I got my 7 year H1 approval on the basis of LC Subs which was approved few years ago..that means I field my 140 and filed h1 on that basis.

This was told to me by one of the best immigration lawyer in US.

I am going to NDelhi in next few days to get the 7 year ext stamped... hope I won't have any trouble but any of you had any knowledge about it, please reply
 
I hope AKSHAR started his LC very late he may be jumping with different employer, I know many who jump to good offers and it means AKSHAR has earned enough, why he is crying? I hope He is responsible for his situation and I don’t see possibility that Chicago sends the LC approval hard copy in 20-25 days because my lawyer had received had copy of LC after Chicago federal DOL approved and it took 40 days to receive the hard copy the reason is that after approval it goes to printing of the receipt and electronic copy to be stored then it goes to mailing department. Then his lawyer has to complete I-140 form that has to be completed by employer and supporting documents from employee and employer for I-140. it is not in the hand of AKSHAR. He can only pray or be happy to leave for India, don’t live in tension leave it to supreme power and relax!!
 
Saathia:
Try to understand other’s situation and if possible help others. If you are in good safe, don’t discourage others. I asked whether it is possible or not. Ginnu answered my questions and he didn’t discourage me. He is a gentle and decent man. I changed employers because I was out of project and I didn’t good salary too, I moved 11 times so far and I am working on 12th project. I got a long-term project in my sixth year and I was able to file my labor.

FYI: Nowadays DOL is sending hard of LC within a week, I know many people received it within one or two week. I already completed all necessary documents for I140 and I 485. You might be wondering why I completed the documents before my labor certified.
 
Last edited by a moderator:
Please be considerate

Saathia,

You have provided lot of information about the LC hard copy arrival time and I-140 filing time. You could have avoided the first couple of lines on your reply. We are here to help each other. Most of the times, the issues involved in getting a green card is something that we cannot discuss with our parents or even with some of our own friends. Not everyone of them will understand even if you tell them. This forum is the only place where we know for sure that people will understand the issues and complexities behind it. That is why people come to this forum, pour everything on their mind, empty their tensions and in turn get hope, consolation and peace. Let us not get too personal while answering the questions. Please be considerate, when you respond to others' questions.

Thanks,
Udai
 
udaippan


I did not mean to hurt ASHKAR I just guessed the reason for his delay in LC filling. If my language has offended ASHKAR or you I am sorry darling. I pray that ASHKAR gets LC cleared and file I-140. My best wishes are with you.
All the best!!!
 
Udai and Saathia,
Thanks for understanding my situation. We are here to help each other, not to blame others without knowing their situation. When I replied to this post first time itself I know the answer.
One of my friends asked me the same question 1 month ago. When I spoke to my lawyer he said ‘NO” (I know Ginnu’s answer already). I was not clear at that time. I came to know the latest law (the link http://www.murthy.com/UD2215.html) after I raised the question again. It was helpful for me and cleared my question. Each Lawyer’s view is different. Some say ‘YES’ and Some ‘NO’.
 
To Pinshi

I am looking for a good lawyer for H-1B transfer and GC. Would you care to let me know who is your lawyer? Thanks.



Originally posted by PinShi
Eazy guys... we all are here to help ourselves..

Now listen this..
I got my 7 year H1 approval on the basis of LC Subs which was approved few years ago..that means I field my 140 and filed h1 on that basis.

This was told to me by one of the best immigration lawyer in US.

I am going to NDelhi in next few days to get the 7 year ext stamped... hope I won't have any trouble but any of you had any knowledge about it, please reply
Click to expand...
 
I am looking for a good lawyer for H-1B transfer and GC. Would you care to let me know who is your lawyer? Thanks.

Contact Rajiv Khanna or Sheela Murthy
 
man I don't think its professional to say some else' name on some else's forum...if you know what I mean. I heard good words about both of them though
 
7th Year Ext?????

Hi Ashkar

I am also in the same boat like you....my H1B visa expires on Feb 4th 2004.

But i have 5mths of Vacation time Left in Buffer can this Vacation be claimed....Any advice would be helpful.



Thx :(
 
My 2 cents...

...on the whole 365 days rule on the LC.

It does not matter if the LC has been filed for you (i.e. you are the intended beneficiary of the actual filing); what matters is when the LC was filed. In other words, if you use a substitute LC, the date considered for the 365 day rule for the 7th year extension is the original filing date for that substitute LC being used

I believe this was stated in a BCIS memo as the interpretation of AC21 act by a senior BCIS official (I read it either on immigration.com or murthy.com - can't remember which)
 
2Hard2guess:

It the time you spent outside US are unpaid, you can apply for recapturing now or before your H1b expires. As long as the case is pending you can work legally. In the mean time if your labor approved, you can able to file for I140/I485 also.
 
Hi Ginnu and other experts...question about 8th year H1 extension

I have a question about 8th year H1 extension.

Based on pending LC, I got 7th year H1-B extenstion. Now,I have an approved LC and just applied 140. Planning to go for consular processing. If my 140 doesn't get approved, can I apply for 8th year H1-B extension?

I appreciate your respose,
Thanks,
desi145
 
Should it be 30+ Days at a strech to Claim

Ashkar

Thankyou for ur Response.

Also i heard vacation can only be claimed if its morethan 30+ days at a strech for every visit outside the USA Is that true?

Thx

Originally posted by ASHKAR
2Hard2guess:

It the time you spent outside US are unpaid, you can apply for recapturing now or before your H1b expires. As long as the case is pending you can work legally. In the mean time if your labor approved, you can able to file for I140/I485 also.
Click to expand...
 
You must log in or register to reply here.
Top