Crisis Please help.

C

csg raj

Registered Users (C)
Here is my sitiuation CIBA and others - call for urgent help. Case time line
Applied at CSC Dec. 22nd 2000 for the 7th yr extension.
H1B expired Jan 5th 2001.
RFE received for extension in Feb and replied, end Feb with a receipt date of March 19th.
April 27th notice sent of rejection of 7th year H1 extension by INS.
The same was received today.
Mentions only that 6year limit expired therefore rejected.
I have a PD of Nov 1997, I-140 file date of July 9th 1999 and was pending at the time of filing the H1B extension. The I-140 was approved Feb8th 2001 and I-485 is ready for filing.

Guru\'s please help and let me know of a lawyer who has got this extension done from CSC and/or what is the procedure to obtain this extension? so that I can talk intelligently to the lawyer if at all an appeal is possible.

Regards
 
No Title

csg raj,

I am sorry to hear the denial. If I remember correctly, you can
extend your H1 beyond six year limit if your I-140 (or LC) has
pending for 365 days, which you appear to be eligible. I have
to read the regulations carefully to see why your case was denied.

There are a few folks who have successfully extended their H1 using
the new laws.

As for the lawyer, many people think Ron at imminfo.com is excellent
and very helpful. You might want to contact him for help. Good
luck and please keep us posted.

ciba
 
No Title

csg raj,

The following is from the INS FAQ on AC21, you can find it on a couple of sites. I think this is what Ciba is refering to in the previous message.
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Finally, AC21 gives extensions of H-1B status in one-year increments to H-1B aliens who have an employment-based immigrant visa petition or application for adjustment of status pending if It has been more than 365 days since the visa petition or the labor certification application has been filed. Note that the adjustment application, labor certification, or visa petition need not necessarily have been pending for a year to obtain this benefit. The only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition.
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No Title

You cannot work just because you filed I-485. While filing I485 you can also include an EAD application, which when approved, gives you the authorization to continue working. Until you get the EAD card in hand you cannot work (assuming you don\'t have any H time left). However, you can stay in the U.S. as long as you have filed I485.
 
No Title

Ciba, Proactive,

Thanks guys. Still waiting to hear from my lawyer.
Personally feel that the lawyer may have not provided the necessary document!.
There is also a chance that the rejection maybe bec. the INS adjudicator may have wrongly assumed that an extension is not needed since PD is CURRENT!!
Guys I would also like to know if I can continue working if an "appeal" is filed in the meantime ?

My earlier posting by mistake read I 485 filing instead of "appeal", hence have deleted that message and posted this one instead.

kindly post your feedbacks....

csg
 
No Title

csg,

Extension to H1 pass six year limit has nothing do with whether
your PD is current or not. Wait until your lawyer receives the
notice which should states clearly the reason of denial. Please
keep us updated.

ciba
 
No Title

ciba,
Heard from my HR department.They say that the INS letter only mentions as the expiry of the 6yr term of H1B as the reason for denial: looks to be that there is some confusion.
Anyway the lawyer is fling the appeal as well as my I485. Lets hope for the best.

CSG
 
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