About LC & 7th yr extension

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immigrant007

Registered Users (C)
Hi. This is my friends case.

His visa is expiring on Nov-30-2004. In July,2003 he got his new h1 visa and then applied for GC. The application for labour Certification was sent by the lawyer at the end of Aug,2003 at Nebraska. Neither he or the lawyer has rec any notice or receipt.

I know that if LC is applied 365 days before visa expiry then 7th yr extension is no problem. So how does this case looks. Even if any receipt is not rec is he still fulfills the 365 days clause, or is it calculated in a diff way?


the lawyer says it will be fine . needs to confirm. Did anyone of you went through this case and have been successful in getting extension
 
Hi. This is my friends case.

His visa is expiring on Nov-30-2004. In July,2003 he got his new h1 visa and then applied for GC. The application for labor Certification was sent by the lawyer at the end of Aug,2003 at Nebraska. Neither he or the lawyer has rec any notice or receipt.
------ Normally SESA or SWA sends the receipt of LC filing that has PD , Case# and beneficiary name. If a lawyer has not got the receipt he can contact SWA and can get the receipt in 10-15 days, your lawyer can also talk to them on phone and get the reciept
I know that if LC is applied 365 days before visa expiry then 7th yr extension is no problem. So how does this case looks. Even if any receipt is not rec is he still fulfills the 365 days clause, or is it calculated in a diff way?
----- You need evidence to prove that LC was filed 365 days back and that evidence is the receipt from SESA or SWA or letter from them that they received LC for you. Provide the copy of evidence to BCIS for 7th year extension

the lawyer says it will be fine .
---- Lawyer is not correct, if he sends the H1 extension papers with out evidence he will get RFE to provide the evidence that LC was filed 365 days back
needs to confirm. Did anyone of you went through this case and have been successful in getting extension
---- Those who send LC filing evidence OR I-140 filing receipt Or I-485 pending receipt all get 7th year H1B extension

*** if your lawyer does not get any reciept for LC filling then what is the PROOF that he filed LC 365 days back? get the proof and that is evidence
 
Thanks

Greencard is applied at Nebraska Service Center.

1. Does all service center give receipts?
2. Is there any link where we can send a e-mail directly inquiring about the receipt.
3. Can we send a request for a receipt in case its not automatically send?

4.Since I said that he applied it Aug 2003 does he still fit with 365 days clause even if he has not rec the receipt?
 
Green card is applied at Nebraska Service Center.

1. Does all service centers give receipts?
--- Few SESA or SWA don’t send receipt but if asked by lawyer they will send a letter with case # PD and name of company and name of beneficiary to lawyer in a week. MI, IL SWA send the reciepts
2. Is there any link where we can send a e-mail directly inquiring about the receipt.
------ Your lawyer should speak or write a letter to SESA or SWA
3. Can we send a request for a receipt in case its not automatically send?
----- Yes your employer or lawyer can send a letter to SESA or SWA
4.Since I said that he applied it Aug 2003 does he still fit with 365 days clause even if he has not rec the receipt?
----------- Yes, he crossed 365 LC pending ( if the lawyer actually filed in August,2003 many lawyer lie and send the LC late ) you need the PROOF that LC was filed in august ask the proof from lawyer and the proof is he has to provide you or your employer a receipt from SESA or SWA if he has not received the receipt then he should call the SESA or SWA and get the receipt as proof of LC filing
 
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