I have received a letter from the INS regarding the 7th year extension which I had applied in september 2004. As my I-140 is already approved in less than 365 days, it does not match any of the condition they are looking for.
I did not apply for the I-485 becoz, It was applied thru my husband's GC processing.
Please advice on what I should do to remain on H1, until my I-485 gets approved thru my husband's GC processing.
Thank you.
I am typing the letter here :
For the beneciary to be eligible for an extension beyond the 6 year limitation, the petitioner is required to demonstrate either of the following :
1. That 365 days or more have passed since the filing of any appplication for the labor certification, that is required or used by the alien to obtain status as an employment based immigrant (Form ETA -750).
or
2. That 365 days or more have passed since the filing of an Immigrant petition for Alient Worker (form I-140)
The record of preoceeding shows that beneficiary has an I-140 which has been prnding for less than 365 days.
As evidence that an application for the labor certification (form ETA - 750) has been pending 365 days or more, submit any of the following :
1. a document from a state Workforce agency (SWA) notifying the employer, the employer's representative, the ETA-750, filed on behalf of the H1-B beneficiary, has been pending 365 days or more.
2. a document from one of the DOL's employment and training administration (ETA) regional officesnotifyingthe employer , the employer's representative, or the USCIS that a formETA-750, filed on behalf of the H1-B beneficiary has been pending 365 days or more or
2. a copy of an approved form ETA-750.
I did not apply for the I-485 becoz, It was applied thru my husband's GC processing.
Please advice on what I should do to remain on H1, until my I-485 gets approved thru my husband's GC processing.
Thank you.
I am typing the letter here :
For the beneciary to be eligible for an extension beyond the 6 year limitation, the petitioner is required to demonstrate either of the following :
1. That 365 days or more have passed since the filing of any appplication for the labor certification, that is required or used by the alien to obtain status as an employment based immigrant (Form ETA -750).
or
2. That 365 days or more have passed since the filing of an Immigrant petition for Alient Worker (form I-140)
The record of preoceeding shows that beneficiary has an I-140 which has been prnding for less than 365 days.
As evidence that an application for the labor certification (form ETA - 750) has been pending 365 days or more, submit any of the following :
1. a document from a state Workforce agency (SWA) notifying the employer, the employer's representative, the ETA-750, filed on behalf of the H1-B beneficiary, has been pending 365 days or more.
2. a document from one of the DOL's employment and training administration (ETA) regional officesnotifyingthe employer , the employer's representative, or the USCIS that a formETA-750, filed on behalf of the H1-B beneficiary has been pending 365 days or more or
2. a copy of an approved form ETA-750.