Hi,
This is in regard to H1-B 7th Year extension.
I have my Labor and I-140 approved. Please advice if anyone of you has faced same condition and what action was taken.
My company filed 7th year H1B extension for three years under the “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” provision of §104(C) of AC21 allowing extension past the H-1B 6-year limit" .
My Form ETA 9035E “Labor Condition Application for H1-B and H1-B1 Nonimmigrants” has been certified for three years from 1/18/2006 to 1/17/2009. But the form I -797 A Notice of Action has been approved only for 1 year from 4/28/2006 to 4/27/2007.
My company called up USCIS many times to confirm why the I-797 form had validity for 1 year when I was eligible to get 3 years extension. But we got various answers from different Immigration officers.
1) There is no rule of 3 years extension for 7th year.
2) It depends on what Immigration officer decides.
3) Write letter to Director of TX USCIS center with the problem.
4) Go to local USCIS office to get the date corrected.
We followed point 3 but that did not help. And We were asked to resend all the H1-B papers to TX center.And the response was " The case was approved". but the dates did not change.
My Company filed multiple cases for H1-B 7th year extension with I-140 approvals. Other beneficiaries got approval for three years
Considering the retrogression in priority dates for filing I-485, the beneficiary’s H1-B extension for 7th year will be extended for three years if I-140 is approved.
This is clearly mentioned in the Interoffice Memorandum.
Below is the section from the Interoffice memorandum dated 12/27/2005 from William R. Yates /S/
Associate Director for Operations
United States Citizenship and Immigration Services.
III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION
UNDER PER COUNTRY CEILING” PROVISION OF §104(C) ALLOWING EXTENSION PAST
THE H-1B 6-YEAR LIMIT
Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to
qualify for extension of H-1B status beyond the 6-year limit based on §104(c) of AC21?
Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is
required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under
§ 104(c).
Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under §104(c),
may an extension be granted for a period of up to three years?
Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition
must request three years, and include a Labor Condition Application covering such period).
Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under §104(c),
may more than one extension be granted?
Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take
more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime
protection” a qualifying alien may be granted more than one extension under this provision.
Any suggestions?
Thanks
This is in regard to H1-B 7th Year extension.
I have my Labor and I-140 approved. Please advice if anyone of you has faced same condition and what action was taken.
My company filed 7th year H1B extension for three years under the “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” provision of §104(C) of AC21 allowing extension past the H-1B 6-year limit" .
My Form ETA 9035E “Labor Condition Application for H1-B and H1-B1 Nonimmigrants” has been certified for three years from 1/18/2006 to 1/17/2009. But the form I -797 A Notice of Action has been approved only for 1 year from 4/28/2006 to 4/27/2007.
My company called up USCIS many times to confirm why the I-797 form had validity for 1 year when I was eligible to get 3 years extension. But we got various answers from different Immigration officers.
1) There is no rule of 3 years extension for 7th year.
2) It depends on what Immigration officer decides.
3) Write letter to Director of TX USCIS center with the problem.
4) Go to local USCIS office to get the date corrected.
We followed point 3 but that did not help. And We were asked to resend all the H1-B papers to TX center.And the response was " The case was approved". but the dates did not change.
My Company filed multiple cases for H1-B 7th year extension with I-140 approvals. Other beneficiaries got approval for three years
Considering the retrogression in priority dates for filing I-485, the beneficiary’s H1-B extension for 7th year will be extended for three years if I-140 is approved.
This is clearly mentioned in the Interoffice Memorandum.
Below is the section from the Interoffice memorandum dated 12/27/2005 from William R. Yates /S/
Associate Director for Operations
United States Citizenship and Immigration Services.
III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION
UNDER PER COUNTRY CEILING” PROVISION OF §104(C) ALLOWING EXTENSION PAST
THE H-1B 6-YEAR LIMIT
Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to
qualify for extension of H-1B status beyond the 6-year limit based on §104(c) of AC21?
Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is
required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under
§ 104(c).
Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under §104(c),
may an extension be granted for a period of up to three years?
Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition
must request three years, and include a Labor Condition Application covering such period).
Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under §104(c),
may more than one extension be granted?
Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take
more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime
protection” a qualifying alien may be granted more than one extension under this provision.
Any suggestions?
Thanks