Can there be a gap after H1 expiry before 7th year extension ?

nshalady

Registered Users (C)
My 6 year period on H1 (and I94) expired on May 30, 2004. My labor cert was sent by Fedex overnight to DE labor dept on May 29, 2003 (delivered on May 30). However, DE labor dept's receipt shows the receipt date as June 3,2003. Because, they opened the package at their own convenience. USCIS has now sent an RFE for my H1 ext petition, because my lawyer used Fedex delivery notice as a proof for obvious reasons. DE labor dept is refusing to issue a receipt based on fedex delivery, despite repeated attempts by my lawyer explaining them the situation.

Here are my questions: What would be the best way to deal with this situation ? Any solution ? If my lawyer cant get a receipt for May 30, will the H1 ext be denied ? What if my lawyer files an amended petition asking for extension starting from June 4, 2003, instead of May 31? This would mean, there would be a gap of 4 days after H1 expiration.

Any ideas, views, tips would be sincerely appreciated.

Thanks,
Niranjan
 
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nshalady said:
My 6 year period on H1 (and I94) expired on May 30, 2004. My labor cert was sent by Fedex overnight to DE labor dept on May 29, 2003 (delivered on May 30). However, DE labor dept's receipt shows the receipt date as June 3,2003. Because, they opened the package at their own convenience. USCIS has now sent an RFE for my H1 ext petition, because my lawyer used Fedex delivery notice as a proof for obvious reasons. DE labor dept is refusing to issue a receipt based on fedex delivery, despite repeated attempts by my lawyer explaining them the situation.

Here are my questions: What would be the best way to deal with this situation ? Any solution ? If my lawyer cant get a receipt for May 30, will the H1 ext be denied ?
---May be
What if my lawyer files an amended petition asking for extension starting from June 4, 2003, instead of May 31? This would mean, there would be a gap of 4 days after H1 expiration.

Any ideas, views, tips would be sincerely appreciated.
----You need good lawyer
Thanks,
Niranjan
 
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