Hi: Can anyone let me know on what grounds I can continue to work beyond the 6-year H-1 expiration if my I-140 is pending, and my PD for changing status is current but LESS THAN a year old at the time of H-1 expiration. An H-1B extension petition has been filed for me before the expiration date and I\'ve heard that I can continue to work for 240 more days till my H-1B extension is approved. But if not, and my I-140 is still not approved, are there any options I can resort to? Thanks.
H-1 7thYr extension with PD < 365 days before H-1 expiration
- Thread starter esbee
- Start date
No Title
You have approved LC and your I-140 is filed,Now you do not have to worry about the Extension, Now you can get extention beyond 6 years. If you have filed for extension before your Visa expiry date it is OK, you will get the reciept Notice with in few days, you do not have to worry, if you filed at VSC they were facing some problem from Mailing contractors, they were not able to sent reciept of filling with in 15-20 days but now it is ok with them, just check with your employer or lawyer if they have recieved Reciept, if not you are OK for 240 days but they will sent you your extension before that time. do not worry.
Good luck!!
You have approved LC and your I-140 is filed,Now you do not have to worry about the Extension, Now you can get extention beyond 6 years. If you have filed for extension before your Visa expiry date it is OK, you will get the reciept Notice with in few days, you do not have to worry, if you filed at VSC they were facing some problem from Mailing contractors, they were not able to sent reciept of filling with in 15-20 days but now it is ok with them, just check with your employer or lawyer if they have recieved Reciept, if not you are OK for 240 days but they will sent you your extension before that time. do not worry.
Good luck!!
For Inders
Inders:
Thanks for your reply. Appreciate your feedback and the reassurance
I have been pretty concerned about my situation as I have read that the new laws allow 7th yr extensions if labor or I-140 have been filed AT LEAST one year before the H-1 expiration. I haven\'t read anything about whether H-1 extensions are granted if labor/I-140 is filed LESS THAN 1 year before the expiration date. Are you therefore saying I\'m OK despite my my GC processing having started less than a year before my expiration? Looking for your comments. Thanks again.
Inders:
Thanks for your reply. Appreciate your feedback and the reassurance
I have been pretty concerned about my situation as I have read that the new laws allow 7th yr extensions if labor or I-140 have been filed AT LEAST one year before the H-1 expiration. I haven\'t read anything about whether H-1 extensions are granted if labor/I-140 is filed LESS THAN 1 year before the expiration date. Are you therefore saying I\'m OK despite my my GC processing having started less than a year before my expiration? Looking for your comments. Thanks again.No Title
IF your Labor is approved and you have Filed I-140 YOU WILL GET YOUE EXTENSION FOR 7th year. the Law does NOT require thatlabor or I-140 have been filed AT LEAST one year before the H-1 expiration, for 7th year you just need to show that your LC is Approved and I-140 filed that is enough.
IF your Labor is approved and you have Filed I-140 YOU WILL GET YOUE EXTENSION FOR 7th year. the Law does NOT require thatlabor or I-140 have been filed AT LEAST one year before the H-1 expiration, for 7th year you just need to show that your LC is Approved and I-140 filed that is enough.
No Title
InderS:
This is great news to me. Yes, the labor is approved and I-140 filed. I have been very anxious about this but haven\'t received any clarity on this from anybody else - my company attorneys have been pretty tight lipped. Are you an attorney/parallegal? Any particular section/law that I can quote when I talk to my attorneys.
Once again, thank you very much. Appreciate the clarity you\'ve brought to this.
InderS:
This is great news to me. Yes, the labor is approved and I-140 filed. I have been very anxious about this but haven\'t received any clarity on this from anybody else - my company attorneys have been pretty tight lipped. Are you an attorney/parallegal? Any particular section/law that I can quote when I talk to my attorneys.
Once again, thank you very much. Appreciate the clarity you\'ve brought to this.
Quote this to your Lawywer
Finally INS has come out with guidence for all service centers for
implementing
AC21 (H1B visa
law).
Following are some of the important items clarified in this memo:
1. Extension of H1B visa after 6 years will be granted in 1 year
increments,
when:
A) Either I-140 or I-485 application has been filed.
B) and 365 days or more have passed since filing of Labor
certification
or
I-140.
H1B visa holders will need to file I-129 for this extension and $1000
fee
will
be applicable to
this cases. All dependents of H1B visa holders also will get extension
by
filing
I-539.
2. Job flexibility related provision for I-485 applicants:
I-485 applicants can change jobs in same job classification, if their
I-485
application has been
waiting for more then 180 days. In such cases, new Employer should
submit
letter
with job title,
description and salary.
3. Visa Portability:
This provision allows H1B visa holders to start working for new
Employer, as
soon as new Employer
has filed new H1B application.
4. One-time protection benefits, for cases waiting due to Per Country
limitations:
These provision is applicable to applicants who have received I-140
approval
but
are unable to
file for I-485 due to per country limitations. INS will extend H1B visa
in 3
year increments. All
dependents of H1B visa holders also will get extension by filing I-539.
We hope above provisions will help many ISN members.
United We Can make a Difference.
Finally INS has come out with guidence for all service centers for
implementing
AC21 (H1B visa
law). You can read complete guidelines at,
http://www.isn.org/news/20010620174420.html
Following are some of the important items clarified in this memo:
1. Extension of H1B visa after 6 years will be granted in 1 year
increments,
when:
A) Either I-140 or I-485 application has been filed.
B) and 365 days or more have passed since filing of Labor
certification
or
I-140.
H1B visa holders will need to file I-129 for this extension and $1000
fee
will
be applicable to
this cases. All dependents of H1B visa holders also will get extension
by
filing
I-539.
2. Job flexibility related provision for I-485 applicants:
I-485 applicants can change jobs in same job classification, if their
I-485
application has been
waiting for more then 180 days. In such cases, new Employer should
submit
letter
with job title,
description and salary.
3. Visa Portability:
This provision allows H1B visa holders to start working for new
Employer, as
soon as new Employer
has filed new H1B application.
4. One-time protection benefits, for cases waiting due to Per Country
limitations:
These provision is applicable to applicants who have received I-140
approval
but
are unable to
file for I-485 due to per country limitations. INS will extend H1B visa
in 3
year increments. All
dependents of H1B visa holders also will get extension by filing I-539.
Finally INS has come out with guidence for all service centers for
implementing
AC21 (H1B visa
law).
Following are some of the important items clarified in this memo:
1. Extension of H1B visa after 6 years will be granted in 1 year
increments,
when:
A) Either I-140 or I-485 application has been filed.
B) and 365 days or more have passed since filing of Labor
certification
or
I-140.
H1B visa holders will need to file I-129 for this extension and $1000
fee
will
be applicable to
this cases. All dependents of H1B visa holders also will get extension
by
filing
I-539.
2. Job flexibility related provision for I-485 applicants:
I-485 applicants can change jobs in same job classification, if their
I-485
application has been
waiting for more then 180 days. In such cases, new Employer should
submit
letter
with job title,
description and salary.
3. Visa Portability:
This provision allows H1B visa holders to start working for new
Employer, as
soon as new Employer
has filed new H1B application.
4. One-time protection benefits, for cases waiting due to Per Country
limitations:
These provision is applicable to applicants who have received I-140
approval
but
are unable to
file for I-485 due to per country limitations. INS will extend H1B visa
in 3
year increments. All
dependents of H1B visa holders also will get extension by filing I-539.
We hope above provisions will help many ISN members.
United We Can make a Difference.
Finally INS has come out with guidence for all service centers for
implementing
AC21 (H1B visa
law). You can read complete guidelines at,
http://www.isn.org/news/20010620174420.html
Following are some of the important items clarified in this memo:
1. Extension of H1B visa after 6 years will be granted in 1 year
increments,
when:
A) Either I-140 or I-485 application has been filed.
B) and 365 days or more have passed since filing of Labor
certification
or
I-140.
H1B visa holders will need to file I-129 for this extension and $1000
fee
will
be applicable to
this cases. All dependents of H1B visa holders also will get extension
by
filing
I-539.
2. Job flexibility related provision for I-485 applicants:
I-485 applicants can change jobs in same job classification, if their
I-485
application has been
waiting for more then 180 days. In such cases, new Employer should
submit
letter
with job title,
description and salary.
3. Visa Portability:
This provision allows H1B visa holders to start working for new
Employer, as
soon as new Employer
has filed new H1B application.
4. One-time protection benefits, for cases waiting due to Per Country
limitations:
These provision is applicable to applicants who have received I-140
approval
but
are unable to
file for I-485 due to per country limitations. INS will extend H1B visa
in 3
year increments. All
dependents of H1B visa holders also will get extension by filing I-539.
Not much from Attorney
Hi,
My attorney does not inform me anything about on what ground he is applying.
But what he say is if we apply for some extension, it will take lot of time for VSC to send a denial letter. Because any Denial letter need to be gone thru their Managers. This is more like buying some time. I applied for I140 on June from VSC and 6 year is going to be over by October. My priority Date is Nov.
Sorry, I could not be much helpful... My mail may be more confusing to you all. I myself is confused.
Thanks,
Suresh
Hi,
My attorney does not inform me anything about on what ground he is applying.
But what he say is if we apply for some extension, it will take lot of time for VSC to send a denial letter. Because any Denial letter need to be gone thru their Managers. This is more like buying some time. I applied for I140 on June from VSC and 6 year is going to be over by October. My priority Date is Nov.
Sorry, I could not be much helpful... My mail may be more confusing to you all. I myself is confused.
Thanks,
Suresh
No Title
Suresh:
No, I think you\'ve been a great help. As I have received the same feedback. I\'ve been told that they take time to reject and the hope for us is that our I-140 is approved and I-485 filed before then. The extension application buys us 240 days and as long as the H-1 decision is not made and as long as I-140 is approved before then, we would be fine.
File for your extension close to the H-1 expiry date. Also since VSC is moving fairly quickly now on I-140s your situation may not be that precarious.
Suresh:
No, I think you\'ve been a great help. As I have received the same feedback. I\'ve been told that they take time to reject and the hope for us is that our I-140 is approved and I-485 filed before then. The extension application buys us 240 days and as long as the H-1 decision is not made and as long as I-140 is approved before then, we would be fine.
File for your extension close to the H-1 expiry date. Also since VSC is moving fairly quickly now on I-140s your situation may not be that precarious.
I don\'t think it is possible unless INS makes a mistake.
In my opinion, INS will (or at least should) deny the 7th year extension if the GC priority date is not at least 365 days old. One possibility is to apply for an H-1 extension to reclaim time that you\'ve been outside the US. That may get you over the 365 day requirement and then file for a 7th year extension. I hope your lawyer is better than he sounds.
Jim
In my opinion, INS will (or at least should) deny the 7th year extension if the GC priority date is not at least 365 days old. One possibility is to apply for an H-1 extension to reclaim time that you\'ve been outside the US. That may get you over the 365 day requirement and then file for a 7th year extension. I hope your lawyer is better than he sounds.
Jim
I have my doubts
You have to file your Labor certification or your I-140 365 days before your H1 Expires.look at
http://www.usvisanews.com/memo1341.html
Also, I would advise you to consult a good lawyer because I have been getting conflicting opinions from different sources regarding thsi matter.
You have to file your Labor certification or your I-140 365 days before your H1 Expires.look at
http://www.usvisanews.com/memo1341.html
Also, I would advise you to consult a good lawyer because I have been getting conflicting opinions from different sources regarding thsi matter.
We too have doubts -- but being optimistic
Altoid,
Thanks for the info. We too have the doubt about getting the 7th year extension. What we expect is at least buying some more time.
If you stay without status for more than 180days you will have lot issue, buy applying for extension and buying time you can minimize the risk.
Again thanks for the advice.
Suresh
Altoid,
Thanks for the info. We too have the doubt about getting the 7th year extension. What we expect is at least buying some more time.
If you stay without status for more than 180days you will have lot issue, buy applying for extension and buying time you can minimize the risk.
Again thanks for the advice.
Suresh
No Title
Priya,
Thanks for your suggestion, unfortunately I do not have any Approved I140 or anything like that. I was planning to go back to India for good, but due to bad job situation there in India, I like to stay little longer now...
Anyway again thanks,
Suresh
Priya,
Thanks for your suggestion, unfortunately I do not have any Approved I140 or anything like that. I was planning to go back to India for good, but due to bad job situation there in India, I like to stay little longer now...
Anyway again thanks,
Suresh
No Title
Guys,
Please check with your lawyer before you apply for the 7th year extension. Most of the times,and history is a testimony to this fact, INS goes by the intent of the applicant. If INS finds out that you were not eligible for an extension, and your only intent was to lengthen your stay in the US, you may be adversely affected. They are the ones who "interpret" the rules.
Again, please check with your lawyer. I may be totally wrong. Just trying to help you out.
Thanks
Guys,
Please check with your lawyer before you apply for the 7th year extension. Most of the times,and history is a testimony to this fact, INS goes by the intent of the applicant. If INS finds out that you were not eligible for an extension, and your only intent was to lengthen your stay in the US, you may be adversely affected. They are the ones who "interpret" the rules.
Again, please check with your lawyer. I may be totally wrong. Just trying to help you out.
Thanks
No Title
Altoid:
I think u are missing the point here. Responding to your first email on this thread, from the header of this chain, you should realize we KNOW about the new laws being applicable for GC processers more than a yr old at the time of expiration. Also, there is nothing illegal or abnormal in the suggested approaches - what many of us are trying to do is buy some time so that we can reach the 485 stage. We need it as VSC I-140 processing is backlogged. Otherwise our I-140s would have been approved by now. When the new Act was passed in Oct, in VSC I-140 bacdklog did not exist - they were processing Sept filings in September itself - it was current. INS did not need to address cases less than a yr old - Pending Priority Date was the problem not the length of I-140 processing.
I, for one, would NOT be and am not really interested in getting an H-1 extension. All I want to to do is get to the 485 stage as I would be on a different status then. Filing the H-1 extension grants me a status for 240 days. Also, most of us have been in the country Dec 22, \'00, so at the 485 stage we will get protection from LIFE Act, anyway! This is legal and straightforward. So your point on questionable motivation is irrelevant.
Altoid:
I think u are missing the point here. Responding to your first email on this thread, from the header of this chain, you should realize we KNOW about the new laws being applicable for GC processers more than a yr old at the time of expiration. Also, there is nothing illegal or abnormal in the suggested approaches - what many of us are trying to do is buy some time so that we can reach the 485 stage. We need it as VSC I-140 processing is backlogged. Otherwise our I-140s would have been approved by now. When the new Act was passed in Oct, in VSC I-140 bacdklog did not exist - they were processing Sept filings in September itself - it was current. INS did not need to address cases less than a yr old - Pending Priority Date was the problem not the length of I-140 processing.
I, for one, would NOT be and am not really interested in getting an H-1 extension. All I want to to do is get to the 485 stage as I would be on a different status then. Filing the H-1 extension grants me a status for 240 days. Also, most of us have been in the country Dec 22, \'00, so at the 485 stage we will get protection from LIFE Act, anyway! This is legal and straightforward. So your point on questionable motivation is irrelevant.
No Title
I read this on immigration.com. Does any one know what is the difference between pending LC for a year and 365 days have passed since filing of LC to get 7th year extension?
Finally, AC21 gives extensions of H-1B status in one-year increments to H-1B aliens who have an
employment-based
immigrant visa petition or application for adjustment of status pending if It has been more than 365
days since the visa petition
or the labor certification application has been filed. Note that the adjustment application, labor
certification, or visa petition need
not necessarily have been pending for a year to obtain this benefit. The only requirement is that 365
days have passed since
filing of the labor certification or immigrant visa petition.
I read this on immigration.com. Does any one know what is the difference between pending LC for a year and 365 days have passed since filing of LC to get 7th year extension?
Finally, AC21 gives extensions of H-1B status in one-year increments to H-1B aliens who have an
employment-based
immigrant visa petition or application for adjustment of status pending if It has been more than 365
days since the visa petition
or the labor certification application has been filed. Note that the adjustment application, labor
certification, or visa petition need
not necessarily have been pending for a year to obtain this benefit. The only requirement is that 365
days have passed since
filing of the labor certification or immigrant visa petition.