Extensions beyond 6 yrs ..Help !!

S

sunnybab

Registered Users (C)
Folks,
My H1 Limit expires on 03/05/05.My Labor in regular Category was filed on 03/04/04.So technically i am eligible for H1 Extension which will need to be Filed on 03/05/05 as that will make labor pending more than 365 days but I just Noticed 03/05/05 is a Saturday so do I have to wait till Monday 03/07/05 to file ? Or I can File on 365th day as 366th day is Saturday ? Any Information / Advice ?

Thanks
 
re:

sunnybab,

look on murthy.com about filing last minute extensions, there r issues on what status you are going to be for the days which fall in the gap
 
sunny&boby

When your lawyer filed LC with SESA or SWA then he got receipt of LC filing for you from SWA or SESA. What is the LC receipt date on that receipt notice from SWA or SESA? Count the 365 days from LC receipt date
 
Originally posted by ginnu
sunny&boby

When your lawyer filed LC with SESA or SWA then he got receipt of LC filing for you from SWA or SESA. What is the LC receipt date on that receipt notice from SWA or SESA? Count the 365 days from LC receipt date
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Hi Ginnu , LC receipt Date is 03/04/2004 and my H1 limit ends on 03/05/05 and also 03/05/05 is a Saturday :-(
 
let the petition reach USCIS on 03/04/2004 OR 03/05/05 (if it is saturday it is not your problem) lawyer knows how to do it. Do you remember Feb in 2004 had 29 days?.
 
Why would you wait until the very last day to file your 7th year extension? You do not have to wait until 365 days have passed, you just need to be able to show that at the time your 6 years in H-1B status will be up, your labor cert will have been pending for at least 365 days and that, therefore, you qualify for the 7th year extension.
 
Lana,
Atleast in my case the 7th year extension was rejected on the grounds that the H1B extension was not filed 365 days after the LC was filed. my LC was received by SWA on jan 2 2003, my attorney's applied for my H1B extension on nov 29 2003, they did not wait for 365 days. and my 6 year period ended on 03/03/2004. its well past the 365 days limit. so i think its always a good idea to file the H1B extension after 365 days have elapsed.
 
H1B 7th year extension + CP

Folks,

I am thinking of choosing the CP route to get my GC. I have an approved LC and validating whether I need to take the CP approach.

My lawyer told me that Im eligible for 7th year extension only if my 1-140 is pending.

He says I am not eligible for the extension, if my 1-140 is approved, and I am waiting for the interview.

Please, can someone help me on this with more info.

-gc_mania_03
 
ImmigAttyLana said:
I believe you are eligible for the extension of H-1B regardless of whether you choose the AOS or CP route.
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Yeah, I thought 7th year extension is only tied to LC. This comes as a surprise to me too.....has anyone had this exprience..
 
I'm on my 8th year extension.
I applied for the 7th year extension in 2002 Nov as my 6 yrs was expiring in Jan 2003. I applied for LC in Dec 2001. I did not have any problems then. Now I'm waiting for my 140 to clear.( I have no clue if I'll end up taking a ninth year extension ).

HTH
 
gc_mania_03 said:
Folks,

I am thinking of choosing the CP route to get my GC. I have an approved LC and validating whether I need to take the CP approach.

My lawyer told me that Im eligible for 7th year extension only if my 1-140 is pending.
------ lawyer is correct
He says I am not eligible for the extension, if my 1-140 is approved, and I am waiting for the interview.
----- your lawyer is correct, lawyer Murthy also said the same question in 3-4 weeks back in her Chat, you can read the Murthy chat

**** H1 extension can be only granted if I-140 or I-485 IS PENDING, once I-140 gets approved you dont have any petition pending and NO base for 7th year H1 extension if you are waiting for CP interview, you have interview pending not any petition pending with CIS
Please, can someone help me on this with more info.

-gc_mania_03
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Last edited by a moderator:
Please help

ImmigAttyLana said:
Why would you wait until the very last day to file your 7th year extension? You do not have to wait until 365 days have passed, you just need to be able to show that at the time your 6 years in H-1B status will be up, your labor cert will have been pending for at least 365 days and that, therefore, you qualify for the 7th year extension.
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Is this really true? Because let me explain my situation. My LC for Greencard was filed on May 2003. My 365 days got over in May 2004. My H1 6 years were expiring on July 09, 2004. We filed for 7th year extension on Feb 5 2005 and we got a denial letter.

They want us to appeal within 33 days. Do you know the reason why they would do this? Secondly, how should we appeal? What is their response generally? Any ideas on anything else that we should be doing?

Thanks in Advance, I will appreciate any help.
 
dhiren1 said:
Is this really true? Because let me explain my situation. My LC for Greencard was filed on May 2003. My 365 days got over in May 2004. My H1 6 years were expiring on July 09, 2004. We filed for 7th year extension on Feb 5 2005 and we got a denial letter.
----- We filed for 7th year extension on Feb 5 2005 ???? .

They want us to appeal within 33 days. Do you know the reason why they would do this? Secondly, how should we appeal? What is their response generally? Any ideas on anything else that we should be doing?

Thanks in Advance, I will appreciate any help.
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* Let us know the correct date when 7th year H1 extension was filed?
** did the lawyer attach the LC pending more than 365 days evidence when filed for 7th year extension? ( the evidence is the LC filing reciept that lawyer gets from SESA or SWA after LC is filed)
*** what reason they wrote for 7th year denial????
 
hello

Yep its Feb 4 2004.

Apparently, there is new information on AILA.org (paid section). The document number is 04072763 dated July 27 2004 which throws a lot of light on this issue.

Thanks

Dhiren
 
some more info

Yeah, they did attach LC receipt that they got from labor department. The reason on the denial letter was that its filed like 3 months earlier than 365 days timelines.

The thing is, if they had got back early, then we would have been able to respond with a new file but they wrote a letter after 5 months (after my H1 expiration date of July 9 2004). That is another issue.
 
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