Am I eligible for 7th year extension?

S

SK_Chicago

Registered Users (C)
Hi,

My H1-B is going to complete 6 years in Dec 2004. My I-140 is approved, EAD and AP are with me. I-485 was applied by Feb 2004. I'm planning to extend H1-B for 7th year. Am I eligible to extend? I would like to avoid using EAD atleast for a year. Please advice.

Thanks in advance.
 
SK_Chicago said:
Hi,

My H1-B is going to complete 6 years in Dec 2004.
My I-140 is approved, EAD and AP are with me.
I-485 was applied by Feb 2004.
I'm planning to extend H1-B for 7th year.
Am I eligible to extend?
--- yes ,file 7th year H1 extension based on pending I-485, give your I-485 filing reciept copy to lawyer and you can file H1 extension 6 months advance before Dec 2004. File 7th year H1 any time now becase many service center are taking 4-5months to get approved
I would like to avoid using EAD atleast for a year.
----- It is always better to maintain H1 status
Please advice.

Thanks in advance.
Click to expand...
 
Hi,

I am already in my 7th Year extension which is valid till May 2005.

My LC was certified in early June 2004, but due to lawyer/DOL glitches, I still have not got the approval in hand. Hence, the I-140 and I-485 has not yet been applied.

Supposing that the next two stages are applied only after 1 or 2 months, am I eligible for 8th year extension ?
The I-140 will surely not be pending for 365 days by May 2005(expiry of 7th year extension).

So, is the 365-days pending limit counted from the Labor-filed-date or is it counted from the most-recent-filing-date( I-140/I-485) ?

I keep reading many posts regarding this, but could never get it straight. My company-appointed lawyers are pretty unhelpful in these matters.

Any information regarding this is appreciated.

Thanks
gcsfo
 
gcsfo said:
Hi,

I am already in my 7th Year extension which is valid till May 2005.

My LC was certified in early June 2004, but due to lawyer/DOL glitches,
--Ask lawyer to contact DOL
I still have not got the approval in hand. Hence, the I-140 and I-485 has not yet been applied.

Supposing that the next two stages are applied only after 1 or 2 months, am I eligible for 8th year extension ?
---Once I-140 and I-485 are applied and you get I-485 filing reciept, you can file 7th, 8th , 9th year H1 extension based on pending I-485 , just attached the copy of I-485 reciept
The I-140 will surely not be pending for 365 days by May 2005(expiry of 7th year extension).

So, is the 365-days pending limit counted from the Labor-filed-date or is it counted from the most-recent-filing-date( I-140/I-485) ?

I keep reading many posts regarding this, but could never get it straight. My company-appointed lawyers are pretty unhelpful in these matters.

Any information regarding this is appreciated.

Thanks
gcsfo
Click to expand...
 
Thanks for you clarification, ginnu.

But, I still have the doubt whether I-140/I-485 application has to be pending for 365 days to be eligible for 8th year extension.

Or is the 365-day limit applicable only to people whose LC is still pending ?

Thanks
gcsfo
 
gcsfo said:
Thanks for you clarification, ginnu.

But, I still have the doubt whether I-140/I-485 application has to be pending for 365 days to be eligible for 8th year extension.
---I-485 is NOT required to be pending for 1 year, the day you get I-485 filing reciept file 7th year H1 extension with Copy of I-140 or I-485 PENDING reciept
Or is the 365-day limit applicable only to people whose LC is still pending ?
---that is correct, only 365 days for LC pending through ANY employer
Thanks
gcsfo
Click to expand...
 
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