A quick question on Consular Process(employment based) and H1 extension?

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tryagain1

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A quick question on Consular Process(employment based) and H1 extension.

My I-140 got approved on last month and my six year H1-B limit is reaching on March 2003. With the current pace of CP processing I think my interview will be some time in April or May 2003.
The question is can I apply for 7th year extension or is this case applies to only i-485 applicants.

Thanks and Regards,
Roger
 
Good news for people like you...

From immigration-law.com

Updated 10/07/2002: DOJ Authorization Legislation Permits 7-Year H-1B Extension for Consular IV Processing

The U.S. Department of State Authorization bill which awaits the President's signature will bring two marvellous changes to the H-1B 7th year extension:

No Requirement for "Pending I-140 Petition": This legislation removes the requirement under AC 21 that a I-140 petition or I-485 be pending> Accordingly, inasmuch as 365 days or longer time have elapsed since filing of alien labor certification or I-140 petition (alien labor certition waiver cases), the INS must grant H-1B extension indefinitely in one-year increment until a decision is made on I-140 petition or I-485 or immigrant visa.

7th Year or Longer Extension of H-1B is available for "Consular IV Processing": Surprisingly, the H-1B extension beyond 6-year limit will be available for those who opted for consular immigrant visa application processing rather than I-485 adjustment of status proceeding until the consular officer denies the immigrant visa application, inasmuch as 365-day or longer time have passed since filing of alien labor certification application or I-140 petition (labor certification waiver cases). Isn't it beautiful?
 
Hi ScewedbyTexas,

Yes u can apply for 7th year extension, if ur 6 year limit is less than six months prior to expairy. I have done that myself.

Thanks,
RKReddy


Originally posted by scewedbyTexas
A quick question on Consular Process(employment based) and H1 extension.

My I-140 got approved on last month and my six year H1-B limit is reaching on March 2003. With the current pace of CP processing I think my interview will be some time in April or May 2003.
The question is can I apply for 7th year extension or is this case applies to only i-485 applicants.

Thanks and Regards,
Roger
Click to expand...
 
CP interview and H1B extension

Hello cpmumbai2002 and others:

I have a CP interview at Mumbai on Oct 30th 2002.

I have filed for an H1B extension in June 2002 but have not yet
gotten the approval notice. I just have the receipt notice.

My question is that will that be a problem as far as my consular processing interview is concerned ? Please advice.

Thank you in advance.

Vasu
 
H1 B ext receipts are fine for CP interview ...

I had a successful CP at NWD in July with just a receipt ... so did GoshT in June at BMB ....

just remember that problem can arise while flying out of the US ...

If ur visa on the passport has expired, then u need transit visa for travelling via Paris, Frankfurt, Zurich .........

so make ur plans via other stopovers except the 3 mentioned above ...
 
Re: H1 B ext receipts are fine for CP interview ...

Originally posted by im9999
I had a successful CP at NWD in July with just a receipt ... so did GoshT in June at BMB ....

If ur visa on the passport has expired, then u need transit visa for travelling via Paris, Frankfurt, Zurich .........

so make ur plans via other stopovers except the 3 mentioned above ...
Click to expand...

Thank you buddy.

I am flying Korean.

Thanks again.

vasu
 
Is it a requirement to have your H1B valid at the time of the interview?
For e.g.: In my case, 6th year H1B expires on Dec 1st. I probably might get a CP interview in late December.
I was planning on not renewing my H1B (7th year extension) and fly to Chennai on Dec 1st and wait till the CP interview.
Dangerous?
Appreciate suggestions.
 
To rkreddy

Hi RkReddy,

Could you tell me the procedure to apply for h1b extension? my wife's h1b expires on June 2003. She is going to apply for I-140 and her labour was applied in May 2002.

Thanks,

Venkat
 
Re: To rkreddy

Hi Venkat,

Correct me if I am wrong on this dates:

Priorty date : May 2002
H1 expires : June 2003.

So ur wife can apply for extension in May 2003 as this will full fill the condition which says "the application should be more 365 days AND applied for I140". So ONLY in May 2003 ur wife can apply for 7th extension.

Even the new law which states that the application should be more than 365 days and not neccessarily be in I140 stage, so both the law says that the application should be more than 365 days, the only differance in the new law is the applicant does'nt have to be in I140 stage.

Thanks
RKReddy
Originally posted by Venkat CNV
Hi RkReddy,

Could you tell me the procedure to apply for h1b extension? my wife's h1b expires on June 2003. She is going to apply for I-140 and her labour was applied in May 2002.

Thanks,

Venkat
Click to expand...
 
Re: H1 B ext receipts are fine for CP interview ...

Thanks im9999 for the info. I am expecting interview in December. My H-1B, Visa, I-94 expires on Nov 1, 2002, attorney did apply for extension H-1B in July and got the receipt notice in August.

Originally posted by im9999
I had a successful CP at NWD in July with just a receipt ... so did GoshT in June at BMB ....

just remember that problem can arise while flying out of the US ...

If ur visa on the passport has expired, then u need transit visa for travelling via Paris, Frankfurt, Zurich .........

so make ur plans via other stopovers except the 3 mentioned above ...
Click to expand...
 
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