Consular processing - 7th year H1 extension posissble??

M

milli

Registered Users (C)
Hi,

If you go for consular processing and your 6 yrs limit on H1 expires before the interview date, can you apply for 7th extension under new AC21 act? Is it applicable only for AOS? Please respond ASAP as my decision of going for CP or AOS depends on it.

Thanks a lot
Milli
 
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I have the same question. Just posting this to move the thread to the top of the list!
 
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I am in the same situation. My attorney says that it is OK. But let me double check.
6 year ends end of aug. 1-140 pending (ND is nov 8th)(TSC)

Bofors, Do you have any news about this
 
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Srinivas,

No news yet. Im asking around though. Will let you know as soon as I know something.

-Bofors
 
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Folks,

After having talked to a few good men, it appears that for getting a 7th year extension, it does not matter whether the post I-140 process is CP or AOS. In either case, people should be eligible to get a 7th year extension until the final adjudication on their permanent residency comes in.

Of course, confirm this with your lawyer (we all have seen instances where you talk to K laywers and you get what seem like (K+N) opinions), but mostly either should be ok.

Hope this helps,
-Bofors
 
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Bofors,
You are right. I got the same info from another source in the law firm we process our GC.

S M
 
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After doing some research on this..the following are my findings

My lawyer says AC21 is not clear about this particular case and since it\'s new we have to go with our intepretations. Looks like most of the interpretations say it is not possible for consular processing. Even the recent memo released by the INS is not very clear about this case. May be you can take chances with INS.

Some of the inputs I got from this forum and other forums are

Some say it\'s the extension of your status and not your visa so you won\'t be able to leave this country. I\'m literally confused by this statement.

Some, stressing the above point say 7th year extension is not known to consulates since it\'s just the extension of your status while you
are in the process of adjustment of status they may consider you\'re out of status if you get your interview after the exipiration of 6 yrs.

One of the replies I got says you can do it and many of his friends are also doing it the same way in fact one got approved but I don\'t know his case details so I can\'t say if he was in the same boat as we are....

After weighing all possibilities I\'ve decided to go ahead with AOS. Initially I was so inclined towards CP but more and more I hear about it, I thought I really shouldn\'t take any chances with INS. I know AOS is getting worse these days but I would rather wait than taking chances just based on people\'s interpretations. I had quite an experience with INS already. All the best for other guys who are going for CP and please post your experience so that others can benefit from it and confidently go about it.
 
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srinivas,

Your case is very clear. If you already have completed more that 365 days in GC processing, you will get 7th yr extension. Also you will be able to go for CP on your 7th yr extension, as your I-140 is not approved before filing extension.
My case is same. My 6yr is expiring on 31st this month.
I applied 7th yr extension on May 2nd (VSC waiting) and after a week I got my I-140 approved. Now I already applied for CP and waiting for my new H1 petition. My attorney says there will be no problem.
 
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Thanks Raj.
As I posted earlier, my H1B extension has been approved on 3rd Jul. My I-140 has also been approved a few days before that. As feared, my attorney failed to clearly mention CP in the I-140. Anyhow, I will be going for I-824.
What\'s the status of you\'all.

SM
 
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Hi Milli,

"..Extension of your status and not your visa..." means.. Normally with any H1 extension approval INS will send you an I-94 attached. As per news article in ISN about INS guidelines on 7th year extension, but with 7th year extensions they are not attaching I-94s that means you cannot send your passport to Washington DC and get visa stamp on it before leaving to your home country. But one can take this approval notice to consulate in their home country and get visa stamped but don\'t know the complications...

I think the second point is not true, one will get H1 approval notice and if I-94 is not attached then they will send it to the consulate in home country. Even if they didn\'t still one can take original approval notice for visa stamping.

I don\'t think it is a good idea to go for CP in this situation becasue one need visa to come back if some thing goes wrong with CP. May be AOS is the best choice even though it may take for ever literally in the current situation...

- PCee
 
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