7th yr H1 expiring, with LC complications, PLEASE HELP!!!

P

painfulH1

Registered Users (C)
ABOUT ME,
I came here in 1996 on F1
CPT in 1997-98 with Company A
OPT in 1998-99 with Company A
H1 since July 1999 with Company A
Priority Date November 28th, 2003
6th year ended July 2005
Got an approved H1 for 7th year with Company A till July 2006
Was out of the country while in H1 for 4+ months total (any ideas on recapture of time?)

NOW
I am with company A since first H1 in 1999.
Co. A filed for my LC November 03.
Company B applied for my H1 Aug 05.
An RFE was issued for proof of pending LC; and
dates and addresses of future service and; and
employer/beneficiary agreements and project contract agreements
We emailed the dallas center and got a screen shot of the LC Case status (RIR)
We got all the other paper work ready too.
We are sending that as the evidence.
What are my chances of being approved for H1 with Co. B?

LATER,
Co. B will apply LC in Perm asap, say October 2005.
(I am hoping EB2, but heard the chances are very less with EB2, pls. advise)

Assuming Co. B H1 is till July 2006, if the LC with Company A is approved then can I get an 8th yr extension with Company B?

Assuming Co. B H1 is till July 2006, if Perm LC is approved with company B, then can I apply for 8th yr H1 extension with Co. B, while being processed for I-140 ?

What are my options in July 2006 ? I am guessing I'll have cleared LC thru' PERM but then what do I need to do so that I dont have to leave the country and keep the GC process continuing?

My wife is on H4 and is also applying H1 with Company C with premium
service, if she gets her H1, then can I convert to H4 if nothing of the
above work in my favour? And to start a new 6-yr H1 from new quota,
do I need to leave the country for 1 year or staying in H4 status for 1 year
is good enough? Please advice.

If you see any other complications that I have not covered above, Please include them in your response.

GOD save the backlogged unfortunates!!! :(
 
painfulH1 said:
ABOUT ME,
I came here in 1996 on F1
CPT in 1997-98 with Company A
OPT in 1998-99 with Company A
H1 since July 1999 with Company A
Priority Date November 28th, 2003
6th year ended July 2005
Got an approved H1 for 7th year with Company A till July 2006
Was out of the country while in H1 for 4+ months total (any ideas on recapture of time?)

NOW
I am with company A since first H1 in 1999.
Co. A filed for my LC November 03.
Company B applied for my H1 Aug 05.
An RFE was issued for proof of pending LC; and
dates and addresses of future service and; and
employer/beneficiary agreements and project contract agreements
We emailed the dallas center and got a screen shot of the LC Case status (RIR)
We got all the other paper work ready too.
We are sending that as the evidence.
What are my chances of being approved for H1 with Co. B?

LATER,
Co. B will apply LC in Perm asap, say October 2005.
(I am hoping EB2, but heard the chances are very less with EB2, pls. advise)

Assuming Co. B H1 is till July 2006, if the LC with Company A is approved then can I get an 8th yr extension with Company B? This is the only option is available for 8th yr extn.
Assuming Co. B H1 is till July 2006, if Perm LC is approved with company B, then can I apply for 8th yr H1 extension with Co. B, while being processed for I-140 ? Your LC is not pending with Comp b 365 days + though your PERM is approved.
What are my options in July 2006 ? I am guessing I'll have cleared LC thru' PERM but then what do I need to do so that I dont have to leave the country and keep the GC process continuing?

My wife is on H4 and is also applying H1 with Company C with premium
service, if she gets her H1, then can I convert to H4 if nothing of the
above work in my favour?

How long your wife was in H4, the time she was in H4 must be dedeucted from her 6 yr H1 period. And to start a new 6-yr H1 from new quota,
do I need to leave the country for 1 year or staying in H4 status for 1 year
is good enough? Please advice. You must physically stay one full year out side USA to qualify another complete 6yrs H1.
If you see any other complications that I have not covered above, Please include them in your response.

GOD save the backlogged unfortunates!!! :(
Click to expand...
 
Thank you very much great guru for replying to my questions.
Reading your reply, some more questions have crept up. Please reply to these also...

I understand that since my LC with Comp B will not be 365+ days old in July 2006,
this means that I will not be able to extend for 8th year extn using Company B's (if at all) pending or approved LC.

So when is the earliest I can apply for my 8th year extn (assuming Company A's LC is still pending)?

If after being approved for 8th year and receiving the approved H1 doc, and then company A's LC gets approved before July 2006, then what is my situation? and what happens if it gets approved after the July 2006 date? Can I still stay the full term of the 8th year extn, or should I have to leave as soon as Comany A's LC is approved although I may have a 8th year extn till July 2007?

Lastly, if by magic or whatever, by July 2006, I reach a stage where both LC and I-140
with company B is approved, then can I apply for an 8th year extension with
Company B (not considering Company A in this regard)?

My wife's H4 has been since June 2003. So then, she'll have till June 2009 for her to
stay on H1. But if I choose to stay on H4 as long as she is on H1 legally then is that OK?

Thanks for taking the time for all of us. Please spare a little more for me and reply...

THANKS once again.
 
7th Yr extn and trying to file in PERM

Hi,

I have similar problem but not exactly same.

I chaned my employer 4 months before nearing 6th yr and got 7th Yr extn based on the LC pending for more than 365 days with my Prev. Employer.

I heard we can file PERM now in 7th Yr also and request 3-yr's extn once PERM LC & I-140 is approved.3-Yr's extn is because of retrogression it seems ..

Can some one Help, if you guys know anything about this..

Thanks Friends ..
VA-member
 
7th year H1

Hi

my 7th year H1B transfer was approved. Thanks for the support everyone.

Strangely, it has been approved for more than 1year.
When I was with company A, my 7th yr H1B was valid for
exactly 1 yr, from july 2005 to july 2006.

when i applied for the transfer with company B,
i was approved from september, 2005 to may 2007.
IS THIS A PROBLEM ?!?!?
WILL IT BE A PROBLEM FOR MY GREEN CARD PROCESSING ?!?!?

Please help anyone ...

Thanks,
painfulH1
 
Dear Guru,
I'm currently on my 7th year H1 and last month i got the Notice of Case Closure and this is case of wrongful closure by BEC and neither my company nor lawyer recd the 45 days letter. My lawyer already requested to open my case , what are my options , ( am i out of status ) . I have approved h1 I-797, is it ok to go for stamping in Canada. I have proof of SWA letter from Illinois.

Thanks!
 
Last edited by a moderator:
BEC cases can be re opened. But your attorney must act efficiently.

SWA papers are required only to renew/extn your H1 petition. US consulate does not bother about SWA etc. They need approved H1 petition and company credential to stamp visa.

unless it is very urgent you no need to go and Canada for stamping.

jraghavan said:
Dear Guru,
I'm currently on my 7th year H1 and last month i got the Notice of Case Closure and this is case of wrongful closure by BEC and neither my company nor lawyer recd the 45 days letter. My lawyer already requested to open my case , what are my options , ( am i out of status ) . I have approved h1 I-797, is it ok to go for stamping in Canada. I have proof of SWA letter from Illinois.

Thanks!
Click to expand...
 
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