7th yr ext got denied, pl help

S

siri123

New Member
Hi all,

My company applied for 7th yr ext based on a pending labor of age > 365 days by attaching the copies of 750B since I've not received the receipt notice for my labor filing. Then they had to withdraw my labor on a company wide decision. The INS VSC send a query asking for proof of LC filing. Then my company used a substitude LC that was filed by my company which is 6 months old and filed my 140, 485 and EAD concurrently on 29th April the date my 6 yrs term is expired. I got the receipt notices for my filings of 140 and 485 stating the receipt date as 29th April. My company answered the query with those receipt notices, but the INS is not satisfied and denied the 7th yr ext on 9th July. Good news is my EAD is approved on 15th July. My company is seeking of appealing again on 7th yr ext. I'm willing to use the EAD once I receive the card.

Here are my concerns..
1) Do I have the continuing valid status to work?
2) Do I ever have to give the explaination for the period from 29th April 2004 when My 6th yr is completed to 15th July 2004 on which my EAD is approved, in future either for my 140 or 485.
3) what are the pros and cons of my current situation.

Please ease up my mind.
Thanks all!
 
My company applied for 7th yr ext based on a pending labor of age > 365 days by attaching the copies of 750B since I've not received the receipt notice for my labor filing.
------ Your lawyer who filed 7th year H1 with ETA 750b is totally wrong, he needed to submit LC filing receipt that lawyer who files LC gets receipt for LC filing from SESA or SWA and that receipt is the only evidence that LC for you was filed on XYZ date, if the lawyer did not had the LC filing receipt he should have asked SWA or SESA to send the receipt and they sent in 2 weeks time if not sent earlier
Then they had to withdraw my labor on a company wide decision.
----- it means you did not have any LC pending for you, how the lawyer could file 7th year H1???
The INS VSC send a query asking for proof of LC filing.
----- That was correct because they need evidence
Then my company used a substitude LC that was filed by my company which is 6 months old and filed my 140, 485 and EAD concurrently on 29th April the date my 6 yrs term is expired.
----- In this scenario you need I-140 or I-485 filing receipt to be attached with 7th year.

I got the receipt notices for my filings of 140 and 485 stating the receipt date as 29th April. My company answered the query with those receipt notices, but the INS is not satisfied and denied the 7th yr ext on 9th July.
------- USCIS is correct because you needed I-140 and I-485 to be filed earlier before you hit 6 years so that you could have attached I-140 or I-485 pending receipts for 7th year H1 extension BEFORE you hit 6 years
Good news is my EAD is approved on 15th July. My company is seeking of appealing again on 7th yr ext. I'm willing to use the EAD once I receive the card.

Here are my concerns..
1) Do I have the continuing valid status to work?
------ YES, because your I-485 is filed and you got EAD for work
2) Do I ever have to give the explanation for the period from 29th April 2004 when My 6th yr is completed to 15th July 2004 on which my EAD is approved, in future either for my 140 or 485.
------ if your I-485 was filed when you had valid I-94 then no problems, better to discuss with your lawyer
3) what are the pros and cons of my current situation.

----- You should pray that I-140 gets approved. If I-140 is denied then EAD AP I-485 all will be denied and you have to depart US
*** you have bad lawyer
 
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