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7thyear extension
- Thread starter goody
- Start date
Yearly Extension (LC pending or I-140)
Mine could be a border case falling into any of these two categories.
1. LC pending for > 365 days (yearly extension possible - checked with attorney).
2. However, lets assume my LC gets cleared and case is filed for I-140 and 6 yr term on H1-B gets over (not sure for this yet)
Is yearly extension possible in #2 above?
Or Is there a "minimum days" pending requirement for extension in I-140?
thnx
Mine could be a border case falling into any of these two categories.
1. LC pending for > 365 days (yearly extension possible - checked with attorney).
2. However, lets assume my LC gets cleared and case is filed for I-140 and 6 yr term on H1-B gets over (not sure for this yet)
Is yearly extension possible in #2 above?
Or Is there a "minimum days" pending requirement for extension in I-140?
thnx
READ AC21
It requires the GC to have been pending for more than 365 days.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
It requires the GC to have been pending for more than 365 days.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
No Title
Msg for "ydwivedi":
Per DOJ\'s memo, you must be a beneficiary of an immigrant petition (which is the i-140) and 365 days should have passed since you filed your LC, in order to qualify for an extension. Therefore, I am not sure your #1 category will qualify, since you can\'t file an I-140 withtout an approved LC. Your #2 category will qualify since you will then have an approved LC that was filed more than 365 days ago and you will now have filed an I-140.
Msg for "ydwivedi":
Per DOJ\'s memo, you must be a beneficiary of an immigrant petition (which is the i-140) and 365 days should have passed since you filed your LC, in order to qualify for an extension. Therefore, I am not sure your #1 category will qualify, since you can\'t file an I-140 withtout an approved LC. Your #2 category will qualify since you will then have an approved LC that was filed more than 365 days ago and you will now have filed an I-140.
waitingnwaiting
Registered Users (C)
No Title
Last week I talked to my attorney, she said if we have receipt of I-140, then even if Labor is not 365 days old, we can get extension.
Last week I talked to my attorney, she said if we have receipt of I-140, then even if Labor is not 365 days old, we can get extension.
Should I apply for Extension(6yrs expires in JUNE2002 - H1 expires in Feb2003)
I am in a peculiar situation. My 6years is expiring in June2002 but the INS issued my H1 until Feb2003 . My 140 is in process (PD 2000 May) and as i gather from all the articles I will get an extension
Do I still have to apply for extension in June or can i wait until Feb2003.
Thanks
I am in a peculiar situation. My 6years is expiring in June2002 but the INS issued my H1 until Feb2003 . My 140 is in process (PD 2000 May) and as i gather from all the articles I will get an extension
Do I still have to apply for extension in June or can i wait until Feb2003.
Thanks
Waitingnwaiting
Your attorney is wrong. Actually, she is correct, you can apply. However, your application will be DENIED.
Again, read AC21. I provided this information before but now I will reference other attorney websites.
Here is a summary of the relevent section from Rajiv Khanna, our host, Jose Latour, and Carl Shusterman:
2. Extension of permissible H-1B period of stay:
(a) Section 106(a) of P.L.106-313 (erroneously cited as 106-396 in reftel) waives the INA 214(g) six-year limit on stay for H-1B aliens as described in the summary. Paragraph (b) provides for the extensions as H-lBs to be in one-year increments beyond the six-year limit until the final determination regarding the alien\'s permanent resident status is made.
(b) There are two points in particular to notice with respect to the provisions described above. One is the need for the delay to be at least one year (365 days). The other is that the provision respecting the extension beyond six years relates solely to the length of stay permitted. It does not automatically extend the validity of the petition underlying that status. Therefore:
(I) The labor certification, immigrant visa petition, or application for adjustment must have been filed before the end of 5 years after entry as an H-1B (at a port of entry or by change of status). Otherwise, the petition (which would have been extended only to six years) would have expired before the 365 days could run. Restated, if the alien\'s six-year period of stay expires before the end of the requisite 365 days, the alien does not benefit from this provision and is simply out of status.
Jose Latour:
NOW here\'s an additional occasion on which H status may be granted in excess of the normal six-year limit: When the employment-based I-140 itself takes over 365 days.
Once the EB immigrant petition (I-140) has been filed with INS and 365 days elapse, according to this guidance, H-1B status will be extended in one year increments until a final decision is rendered on the I-140. Furthermore, the INS states that the Attorney General is "required" to grant these extensions. (Likewise, dependents will be issued extensions based on the issuance of the H-1B extensions.)
Carl Shusterman:
Finally, AC21 gives extensions of H-1B status in one-year increments to H-1B aliens who have an employment-based immigrant visa petition or application for adjustment of status pending if It has been more than 365 days since the visa petition or the labor certification application has been filed. Note that the adjustment application, labor certification, or visa petition need not necessarily have been pending for a year to obtain this benefit. The only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
Your attorney is wrong. Actually, she is correct, you can apply. However, your application will be DENIED.
Again, read AC21. I provided this information before but now I will reference other attorney websites.
Here is a summary of the relevent section from Rajiv Khanna, our host, Jose Latour, and Carl Shusterman:
2. Extension of permissible H-1B period of stay:
(a) Section 106(a) of P.L.106-313 (erroneously cited as 106-396 in reftel) waives the INA 214(g) six-year limit on stay for H-1B aliens as described in the summary. Paragraph (b) provides for the extensions as H-lBs to be in one-year increments beyond the six-year limit until the final determination regarding the alien\'s permanent resident status is made.
(b) There are two points in particular to notice with respect to the provisions described above. One is the need for the delay to be at least one year (365 days). The other is that the provision respecting the extension beyond six years relates solely to the length of stay permitted. It does not automatically extend the validity of the petition underlying that status. Therefore:
(I) The labor certification, immigrant visa petition, or application for adjustment must have been filed before the end of 5 years after entry as an H-1B (at a port of entry or by change of status). Otherwise, the petition (which would have been extended only to six years) would have expired before the 365 days could run. Restated, if the alien\'s six-year period of stay expires before the end of the requisite 365 days, the alien does not benefit from this provision and is simply out of status.
Jose Latour:
NOW here\'s an additional occasion on which H status may be granted in excess of the normal six-year limit: When the employment-based I-140 itself takes over 365 days.
Once the EB immigrant petition (I-140) has been filed with INS and 365 days elapse, according to this guidance, H-1B status will be extended in one year increments until a final decision is rendered on the I-140. Furthermore, the INS states that the Attorney General is "required" to grant these extensions. (Likewise, dependents will be issued extensions based on the issuance of the H-1B extensions.)
Carl Shusterman:
Finally, AC21 gives extensions of H-1B status in one-year increments to H-1B aliens who have an employment-based immigrant visa petition or application for adjustment of status pending if It has been more than 365 days since the visa petition or the labor certification application has been filed. Note that the adjustment application, labor certification, or visa petition need not necessarily have been pending for a year to obtain this benefit. The only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
Udaydeep
I recommend applying for the extension just to be safe.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
I recommend applying for the extension just to be safe.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
Extension
How long it takes for the attorney to do is difficult to say but it should be able to be done in a day or two. The only good reason for a delay is a delay in getting the LCA from DOL.
H-1s normally take 60 to 90 days. Sometimes slightly shorter and I\'ve seen a simple H-1 extension take as long as 10 months.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
How long it takes for the attorney to do is difficult to say but it should be able to be done in a day or two. The only good reason for a delay is a delay in getting the LCA from DOL.
H-1s normally take 60 to 90 days. Sometimes slightly shorter and I\'ve seen a simple H-1 extension take as long as 10 months.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
waitingnwaiting
Registered Users (C)
Jim Mills, question for you in reference to 3.1
Hi Jim,
You quoted the following paragraphs
----------------------
2. Extension of permissible H-1B period of stay:
(a) Section 106(a) of P.L.106-313 (erroneously cited as 106-396 in reftel) waives the INA 214(g) six-year limit on stay for H-1B aliens as described in the summary. Paragraph (b) provides for the extensions as H-lBs to be in one-year increments beyond the six-year limit until the final determination regarding the alien\'s permanent resident status is made.
(b) There are two points in particular to notice with respect to the provisions described above. One is the need for the delay to be at least one year (365 days). The other is that the provision respecting the extension beyond six years relates solely to the length of stay permitted. It does not automatically extend the validity of the petition underlying that status. Therefore:
(C) The labor certification, immigrant visa petition, or application for adjustment must have been filed before the end of 5 years after entry as an H-1B (at a port of entry or by change of status). Otherwise, the petition (which would have been extended only to six years) would have expired before the 365 days could run. Restated, if the alien\'s six-year period of stay expires before the end of the requisite 365 days, the alien does not benefit from this provision and is simply out of status.
-----------------------------------
My question is -
In paragraph (C), it says " at a port of entry of by change of status"
I had spent one year on L1 visa before converting to H1-B.
Can I utilize that 1 year to reduce my time used up in US .
Otherwise I am in deep trouble. My Labour wont be 365 days old.
thanks in advance.
Waitingnwaiting.
Hi Jim,
You quoted the following paragraphs
----------------------
2. Extension of permissible H-1B period of stay:
(a) Section 106(a) of P.L.106-313 (erroneously cited as 106-396 in reftel) waives the INA 214(g) six-year limit on stay for H-1B aliens as described in the summary. Paragraph (b) provides for the extensions as H-lBs to be in one-year increments beyond the six-year limit until the final determination regarding the alien\'s permanent resident status is made.
(b) There are two points in particular to notice with respect to the provisions described above. One is the need for the delay to be at least one year (365 days). The other is that the provision respecting the extension beyond six years relates solely to the length of stay permitted. It does not automatically extend the validity of the petition underlying that status. Therefore:
(C) The labor certification, immigrant visa petition, or application for adjustment must have been filed before the end of 5 years after entry as an H-1B (at a port of entry or by change of status). Otherwise, the petition (which would have been extended only to six years) would have expired before the 365 days could run. Restated, if the alien\'s six-year period of stay expires before the end of the requisite 365 days, the alien does not benefit from this provision and is simply out of status.
-----------------------------------
My question is -
In paragraph (C), it says " at a port of entry of by change of status"
I had spent one year on L1 visa before converting to H1-B.
Can I utilize that 1 year to reduce my time used up in US .
Otherwise I am in deep trouble. My Labour wont be 365 days old.
thanks in advance.
Waitingnwaiting.
Time in L counts as time in H for these purposes
Discuss the matter in detail with your attorney. It sounds to me as if there\'s a problem but you may be ble to reclaim some time that you were not in the US.
Jim
James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
Discuss the matter in detail with your attorney. It sounds to me as if there\'s a problem but you may be ble to reclaim some time that you were not in the US.
Jim
James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
No
You can apply but it is a frivolous application if the LC has not been approved.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
You can apply but it is a frivolous application if the LC has not been approved.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
Jim - Can you take this one please
1. After approval of labour what is the maximum time we can wait
befor filing I-140
2. After aproval of I-140 how much time one can wait to file I-485.
3. Can we do pararrel processing of Labour, I-140, I-485 From diferent
states for different companies.
4. What happens if the GC sponsered by company (future employment ) is approved and the GC sponsered by company (currently employed ) is
still in process. Is there a way we can handle the situation without
leaving the present company and still retaining the GC of the future
employer.
1. After approval of labour what is the maximum time we can wait
befor filing I-140
2. After aproval of I-140 how much time one can wait to file I-485.
3. Can we do pararrel processing of Labour, I-140, I-485 From diferent
states for different companies.
4. What happens if the GC sponsered by company (future employment ) is approved and the GC sponsered by company (currently employed ) is
still in process. Is there a way we can handle the situation without
leaving the present company and still retaining the GC of the future
employer.
It seems that there\'d be a problem with intent here
When you file an I-485 you must intend to join the sponsoring employer. Obviously, you can\'t possibly intend to join both employers permanently. I\'ve never heard of INS making a huge issue of this but they certainly could.
Jim
James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
When you file an I-485 you must intend to join the sponsoring employer. Obviously, you can\'t possibly intend to join both employers permanently. I\'ve never heard of INS making a huge issue of this but they certainly could.
Jim
James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702