For Ginnu/gurus: H1 7th year extension

H

hgc

Registered Users (C)
Folks,

I have few questions, please help.

1. My H1 is expiring on 1st Mar'05. What is the earliest I can apply for H1 extension?

2. This will be my 7th year extension. I know lawyer will give me some checklist of documents, but I want to be prepared from my side. Can you share me what documents are needed for 7th year extension? I am in 485 stage with I 140 approved.

3. My I-94 is expiring on 3rd Jan'05. When I asked officer at POE to issue me a new I-94 valid until 1st Mar'05, he told me I don't need it, in sense that I don't require it. Now after going through the posts here on immigrationportal, I realized that I-94 date governs when I should leave the country even though I may have valid visa. I belong to a non-terroist sponsoring country. Can anyone share some experience how they extended just their I-94?

Guys, thanks in advance for all the replies.
 
hgc said:
Folks,

I have few questions, please help.

1. My H1 is expiring on 1st Mar'05. What is the earliest I can apply for H1 extension?
------ 6 months before 1st Mar'05 or any extension should reach USCIS before your I-94 expires
2. This will be my 7th year extension. I know lawyer will give me some checklist of documents, but I want to be prepared from my side. Can you share me what documents are needed for 7th year extension? I am in 485 stage with I 140 approved.
------- I-485 filing reciept copy and if he does not have your education,exp, education evaluation you need to provide him+ your I-94 copy front and back + your latest H1 approval copy and passport pages, lawyer/employer has to get LCA for you from DOL it is fax back system and they can get in 2-3 days

3. My I-94 is expiring on 3rd Jan'05.
----- file the H1 extension Before that I-94 gets expired
When I asked officer at POE to issue me a new I-94 valid until 1st Mar'05, he told me I don't need it, in sense that I don't require it.
---- why dont you require this????? did you ask him???
Now after going through the posts here on immigrationportal, I realized that I-94 date governs when I should leave the country even though I may have valid visa. I belong to a non-terroist sponsoring country. Can anyone share some experience how they extended just their I-94?
----- if it is POE officer mistake then go to same POE and get it corrected, for more info ask your lawyer . you did not post what was your Visa stamp validity date when you entered POE last time?? if you had valid Visa stamp till 1st Mar'05 officer was supposed to give you I-94 till that date. I hope some info from your side is missing here.
Guys, thanks in advance for all the replies.
Click to expand...
 
Thanks Ginnu

Ginnu,

Thanks for the replies.


I entered like two weeks ago from Canada, and I had given officer new filled I-94 form and requested him to give me new I-94 as it is incorrect.

I had asked officer at POE why I don't require I-94 until my visa expiry. He said you just need visa to get in. Its like to ticket to merry-go-round, u have ticket and you can go anywhere. That's what he said. I asked him if there would be any problem for I-94 expiring before my visa and he was like, no, you are fine.

I cannot go to the same POE again as it was in west coast canada and I live in east coast. But I am planning to go to CBP to get it fixed. Will do whatever it takes to fix their mistake.


Are all the docs that you mentioned for 7th year extension, are required when normal extension is filed? When I say normal, means that some one has not exhausted 6yr limit.

thanks
 
hgc said:
Ginnu,

Thanks for the replies.


I entered like two weeks ago from Canada, and I had given officer new filled I-94 form and requested him to give me new I-94 as it is incorrect.

I had asked officer at POE why I don't require I-94 until my visa expiry. He said you just need visa to get in. Its like to ticket to merry-go-round, u have ticket and you can go anywhere. That's what he said. I asked him if there would be any problem for I-94 expiring before my visa and he was like, no, you are fine.
---- the officer was wrong
I cannot go to the same POE again as it was in west coast canada and I live in east coast. But I am planning to go to CBP to get it fixed. Will do whatever it takes to fix their mistake.

---try to fix it
Are all the docs that you mentioned for 7th year extension, are required when normal extension is filed? When I say normal, means that some one has not exhausted 6yr limit.
------ same documents are submitted as normal extension+evidence for eligiblity of 7th year extension and lawyer writes it on cover letter
thanks
Click to expand...
 
Thanks

On the same note, I have a question. My company is Texas based but I work in Massachusetts. Where will my 7th year extension should/can be filed?

Also, can 7th year extesntion be filed with premium processing?

Appreciated!

Thanks
 
Last edited by a moderator:
hgc said:
On the same note, I have a question. My company is Texas based but I work in Massachusetts. Where will my 7th year extension should/can be filed?----------- Your lawyer should know this.

Also, can 7th year extesntion be filed with premium processing?------- Yes

Appreciated!

Thanks
Click to expand...
 
hgc said:
On the same note, I have a question.
My company is Texas based but I work in Massachusetts. Where will my 7th year extension should/can be filed?
----- If you have Residence in Massachusetts then apply with VSC and employer/lawyer need to get new LCA for your work location in Massachusetts
Also, can 7th year extesntion be filed with premium processing?
-Yes
Appreciated!

Thanks
Click to expand...
 
Thanks Ginnu

Thanks Ginnu for your help. I have another question for LCA. I have LCA for Massachusetts but it is expiring in Mar'05. So when my lawyer files H1-extension, does he needs to get new LCA or he can use the same LCA for H1-extension?

thanks
 
Visa Extension after I-140 Approval

Hi Gurus,

Here is my situation.

My Visa, I-94, AP and EAD expires by Oct 10, 2005 and I-140 is approved. I applied for second EAD and AP and waiting for approval.

1. What about H1 Extension, Do you recommend?

2. If I will extend, when should I extend ?

3. I know we cannot predict, but what are the chances that I will get my 485 approved before my visa expires. I filed concurrently in Aug 2004.

Thank you in advance
 
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