DO I NEED 7th YEAR EXTENSION?

V

vaasista

Registered Users (C)
My H1-B 6th year is ending on April 3rd 2004.

Right now I have a valid H1-B visa and I-94 up to September 2005.

My LC is in pending since 11 months (applied on March 28th 2003).


My attorney is telling that I don't need to apply for extension as have vaild H1-B up to September 2005. (I think she is wrong!!!??)

Do I need to apply for H1-B 7th year extension? Did anybody is with the same situation?
 
My H1-B 6th year is ending on April 3rd 2004.

Right now I have a valid H1-B visa and I-94 up to September 2005.
---- Conflicting information. If the 6-year is ending on April 3rd 2004 then how you got Visa stamp valid till September 2005? Did you extend the Visa in US or transferred the H1 in US and got validity till 2005? 6 years are counted from the date you ENTRED US on H1 status
My LC is in pending since 11 months (applied on March 28th 2003).


My attorney is telling that I don't need to apply for extension as have valid H1-B up to September 2005. (I think she is wrong!!!??)
------- if you have H1 visa stamp, H1 approval notice and I-94 valid till 2005 then your lawyer is correct you don’t need to file 7th year H1 extension at this time and you are also not eligible to file 7th year as your LC is not pending more than 365 days. You can file 7th year H1 when your 6-year H1 status is going to expire and your LC is pending more than 365 days. Provide the dates of your first entry to lawyer and see the stamp of first time H1 entry to US in your passport and you can calculate when you hit 6 years and if LC pending crosses 365 days then you will be eligible to file 7th year H1
Do I need to apply for H1-B 7th year extension? Did anybody is with the same situation?
 
Thanks for your early reply ginnu.

My 6th year H1-B period ends by April 3rd 2004.

When I applied for H1-B "transfer" my attorney applied for 3 years in 2002. So I got extension upto September 2005 and my visa was stamped at St.Louis.

By March 28th 2004 I am completing 365 days of filing my LC.

Can I file for 7th year extension after March 28th 2004 and before April 3rd 2004?
 
Originally posted by vaasista
My H1-B 6th year is ending on April 3rd 2004.

Right now I have a valid H1-B visa and I-94 up to September 2005.

My LC is in pending since 11 months (applied on March 28th 2003).


My attorney is telling that I don't need to apply for extension as have vaild H1-B up to September 2005. (I think she is wrong!!!??)

Do I need to apply for H1-B 7th year extension? Did anybody is with the same situation?
Click to expand...

Yes you do. USCIS made an error in dates. Your H1b period ends at the end of your 6th year (allow for absences from work due to vacation, etc.)
USCIS will hold you responsible if you do not maintain proper status.
 
My 6th year H1-B period ends by April 3rd 2004.

When I applied for H1-B "transfer" my attorney applied for 3 years in 2002. So I got extension up to September 2005 and my visa was stamped at St.Louis.
------ Visa stamp is no problem but it is USCIS mistake to approve H1 transfer/extension beyond 6 years and in future if they calculate the time then you may have problems. Your lawyer was supposed to notify for the mistake
By March 28th 2004 I am completing 365 days of filing my LC.
------- File 7th year H1 extension before April 3rd 2004 the correct date will be to sent the extension paper March 30 as you will hit 365 days LC pending
Can I file for 7th year extension after March 28th 2004 and before April 3rd 2004
-----YES, ask the lawyer /employer to get new LCA for you immediately from DOL it is faxback system and once sent by fax lawyer or employer can receive new LCA in 2-3 days. Provide your all passport pages, recent Pay stubs copy of I-94 (both the sides) copy of H1 approval notice to lawyer+ the evidence that LC was filed 365 days back. Make sure lawyer writes in the cover letter that 6 year H1 hits on XYZ dates and in past USCIS by mistake approved H1 beyond 6 years. This letter is important because USCIS will come to know the mistake and will not get confused that why you are applying the 7th year when you have H1 approval up to 2005
 
Last edited by a moderator:
Thankyou very much ginnu.

I met our company attorney this morning and she agreed to apply for 7th year extension after much discussion.

She said she is going to apply amendment. When I asked what goes with that she said new LCA and H1-B extension.

She said she is going to apply for extension in the last week of March 2004 because I will be completing 365 days of LC by that time.

Hope I am all set now.
 
Last edited by a moderator:
You must log in or register to reply here.
Top