Dear Friends,
My 7th year extension is getting expired in Mar 2007.
My LC got approved about 8months ago and my employer is still not ready to file I-140. When I am wondering whether I get 1-year extension if my employer file a I-129 petition without filing I-140 before Mar 2007?
Some says according to AC21 you are not eligible for getting a 1-year extension without having a I-140 approval and some says Yes, you are eligible.
When I read AC21 quoted below is an extraction of . The qualifications are are unclear in my situation. Could someone help me understanding my situation.
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Question 1.
When an alien would otherwise be eligible for an H-1B extension, is it necessary to first file a Form I-129 requesting an extension of time to allow the beneficiary to complete or nearly complete the initial 6 years, and then file an additional Form I-129 requesting an extension of time beyond the 6 years?
Answer:
No. Section 106(a) of AC21 allows an alien to obtain an extension of H-1B status beyond the 6-year maximum period, when:
A. 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or
B. 365 days or more have passed since the filing of an EB immigrant petition.
Once these requirements have been met, the alien may be granted an extension beyond the 6-year maximum on or prior to the date the alien reaches the 6-year maximum. Such extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period. Requiring the filing of two extension petitions merely increases petitioner and CIS workloads, and has no basis in statute. In no case, however, may the total period of time granted on an extension exceed a cumulative total of 3 years. 8 CFR 214.2(h)(15)(ii)(B)(1).
**********************************
Thanks in advance.
-- Sree
My 7th year extension is getting expired in Mar 2007.
My LC got approved about 8months ago and my employer is still not ready to file I-140. When I am wondering whether I get 1-year extension if my employer file a I-129 petition without filing I-140 before Mar 2007?
Some says according to AC21 you are not eligible for getting a 1-year extension without having a I-140 approval and some says Yes, you are eligible.
When I read AC21 quoted below is an extraction of . The qualifications are are unclear in my situation. Could someone help me understanding my situation.
**********************************
Question 1.
When an alien would otherwise be eligible for an H-1B extension, is it necessary to first file a Form I-129 requesting an extension of time to allow the beneficiary to complete or nearly complete the initial 6 years, and then file an additional Form I-129 requesting an extension of time beyond the 6 years?
Answer:
No. Section 106(a) of AC21 allows an alien to obtain an extension of H-1B status beyond the 6-year maximum period, when:
A. 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or
B. 365 days or more have passed since the filing of an EB immigrant petition.
Once these requirements have been met, the alien may be granted an extension beyond the 6-year maximum on or prior to the date the alien reaches the 6-year maximum. Such extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period. Requiring the filing of two extension petitions merely increases petitioner and CIS workloads, and has no basis in statute. In no case, however, may the total period of time granted on an extension exceed a cumulative total of 3 years. 8 CFR 214.2(h)(15)(ii)(B)(1).
**********************************
Thanks in advance.
-- Sree