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Do I still have enough time?
- Thread starter fromEast
- Start date
Your application for AOS(I-485 or I-140 or LC) should be pending at BCIS for more than a year to be eligible for 7th year H1B. So file I-485 immediately using I-140 approval from different company. Also you need the approval notice/reference number of labor to file 7th year H1B to prove it has been filed one year before 6 year expiration of H1B.
fromEast:
My H-1b will expire in Dec 2004. If I get an offer before October 2003 from another company and plan to attend, do I have enough time to apply for LC and thus qualify me for H-1B seventh year extension?
-- Your new LC by any employer should be filed now or before November 2003, because lawyer takes the time to prepare and many are lazy, your LC application should reach SESA around Oct-Nov 2003 to be safe, better is to file ASAP why to wait till oct-nov.
Previously I had a LC and I-140 approved with another company, does it helps?
---- Yes it definitely helps, try to get the receipt notice that SESA sent to your old Company when your LC was filed (it will be with lawyer or past Employer or HR), or try to get approved LC copy or I-140 filing receipt or approved copy, once you have any of the documents to prove that you had filed LC or I-140, you are eligible to file for 7th year extension with new employer.
Just for your info:
If your LC by past employer was filed before 31 April 2001, you are also eligible for 245(i) you are protected, search or read about 245(i), that is used if you stayed out of status in past and new employer files LC, I-140 and I-485, you can adjust status in US by paying $1000 extra to BCIS ( you should have proof that your LC was filed before 31 April 2001 and were in US at that time.
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Edison
"Your application for AOS(I-485 or I-140 or LC) should be pending at BCIS for more than a year to be eligible for 7th year H1B. So file I-485 immediately using I-140 approval from different company."
--- “fromEast” can take a chance if he has copy of approved I-140 to file I-485 and if he/she knows that I-140 has not been revoked by past employer, he does not need Employer letter to file I-485 and BCIS may send RFE at last stage then he can send new employer letter and he should be in same/similar job and should be paid minimum wages by new employer as per past employer LC, he may have to pay fees to new lawyer for filing I-485 and it should be pending more than 180 days ( 99% it will be pending more than 180 days) if he/she is ready to take risk he she should take that risk , even if denied he/she is only going to loose lawyer fees and BCIS fee and Medicals.
"Also you need the approval notice/reference number of labor to file 7th year H1B to prove it has been filed one year before 6-year expiration of H1B."
-- Correct
My H-1b will expire in Dec 2004. If I get an offer before October 2003 from another company and plan to attend, do I have enough time to apply for LC and thus qualify me for H-1B seventh year extension?
-- Your new LC by any employer should be filed now or before November 2003, because lawyer takes the time to prepare and many are lazy, your LC application should reach SESA around Oct-Nov 2003 to be safe, better is to file ASAP why to wait till oct-nov.
Previously I had a LC and I-140 approved with another company, does it helps?
---- Yes it definitely helps, try to get the receipt notice that SESA sent to your old Company when your LC was filed (it will be with lawyer or past Employer or HR), or try to get approved LC copy or I-140 filing receipt or approved copy, once you have any of the documents to prove that you had filed LC or I-140, you are eligible to file for 7th year extension with new employer.
Just for your info:
If your LC by past employer was filed before 31 April 2001, you are also eligible for 245(i) you are protected, search or read about 245(i), that is used if you stayed out of status in past and new employer files LC, I-140 and I-485, you can adjust status in US by paying $1000 extra to BCIS ( you should have proof that your LC was filed before 31 April 2001 and were in US at that time.
------------
Edison
"Your application for AOS(I-485 or I-140 or LC) should be pending at BCIS for more than a year to be eligible for 7th year H1B. So file I-485 immediately using I-140 approval from different company."
--- “fromEast” can take a chance if he has copy of approved I-140 to file I-485 and if he/she knows that I-140 has not been revoked by past employer, he does not need Employer letter to file I-485 and BCIS may send RFE at last stage then he can send new employer letter and he should be in same/similar job and should be paid minimum wages by new employer as per past employer LC, he may have to pay fees to new lawyer for filing I-485 and it should be pending more than 180 days ( 99% it will be pending more than 180 days) if he/she is ready to take risk he she should take that risk , even if denied he/she is only going to loose lawyer fees and BCIS fee and Medicals.
"Also you need the approval notice/reference number of labor to file 7th year H1B to prove it has been filed one year before 6-year expiration of H1B."
-- Correct