Extensions- After 6 years

W

waitingforgc04

Registered Users (C)
Hi,
Could anyone tell me till when do we need to keep having to take extensions following the six years on H1-B?

I am in my 7th year, and I think I will need another extension since my Labor is still pending?..

Is it right that once I have my I-140 cleared and EAD recieved, that I do not need to file for any further extensions?..Please clarify?

Also, I understand that there is a law that allows you to change employers(different from the one with whom you filed your greencard) once you have your I-140/I-485 filed for more then 6 months?..Please clarify?

Thanks
 
waitingforgc04 said:
Hi,
Could anyone tell me till when do we need to keep having to take extensions following the six years on H1-B?

I am in my 7th year, and I think I will need another extension since my Labor is still pending?..
----- file H1 extension before your H1 or I-94 expires and if your LC is pending more than 365 days, USCIS needs the evidence of LC filing and evidence is LC filing reciept that lawyer gets from SESA or SWA after LC is filed
Is it right that once I have my I-140 cleared and EAD recieved, that I do not need to file for any further extensions?..Please clarify?
----- I would file H1 extension to be safe, but if I-140 cleared and I-485 pending hits 180 days you are safe to use EAD
Also, I understand that there is a law that allows you to change employers(different from the one with whom you filed your greencard) once you have your I-140/I-485 filed for more then 6 months?..Please clarify?
----- yes that is AC21, I-140 should be Approved AND I-485 pending more than 180 days AND you need to find new job in SAME/similar job duties as on approved LC and need to update USCIS that you would like to use AC21 and send new employer future job offer letter
Thanks
Click to expand...
 
Thanks ginnu,
Your information is immaculate.

I just found out that I got my 7th year extension cleared today, which is valid till Feb'2005. Now as I see it, my LC file would probably open around Feb'2005(based on current data), so when is the earliest that I can file for 8th year extension?

Also, now that I have the 7th year extension, if my wife(she is on H4) and me plan to travel to India, in say Nov-Dec'04, where can I get my Stamping done? Can I go to say Toronto to get it done or do I have to get it done from New Delhi?
Are there any risks involved?

Thanks in advance
 
waitingforgc04 said:
Thanks ginnu,
Your information is immaculate.

I just found out that I got my 7th year extension cleared today, which is valid till Feb'2005.
Now as I see it, my LC file would probably open around Feb'2005(based on current data), so when is the earliest that I can file for 8th year extension?
------ if your LC gets approved before Feb 2005, you can immidiatly file I-140 I-485, EAD AP, once you get I-140 or I-485 filing reciepts you can again file for 8th year H1 based on pending I-140 or pending I-485. you canot predict the dates when the LC will be cleared, better to keep everything ready to file I-140 , I-485 in advance, FYI one needs to be in status to file I-485. once your LC gets cleared you should come back to us. FYI one can file 8th year H1 based on pending LC and your employer lawyer can file 8th year H1 in November/december 2004
Also, now that I have the 7th year extension, if my wife(she is on H4) and me plan to travel to India, in say Nov-Dec'04, where can I get my Stamping done?
----- from US consulate in your home country
Can I go to say Toronto to get it done
---- you can try but if H1 got rejected in Toronto then you will not be able to enter US from Canada you have to go to India directly from Canada
or do I have to get it done from New Delhi?
----- you can get it from Delhi
Are there any risks involved?
---- depends if you have been on Bench or under Table or wages were paid less than LCA or were out of status any time or your wife worked on H4 illegaly and your name background is clear

Thanks in advance
Click to expand...
 
You must log in or register to reply here.
Top