H-1 expires Jan2004 ( 7th year extn??)

A

amma2002

Registered Users (C)
Hi,

I have applied for Labor from NJ during Nov 2001 and still waiting. My H-1 expires in Jan 2004. I am not clear about the 7th year extension as some people say that 365 days waiting time for labor is enough and some people say that one should have cleared labor and should have applied for I-140 ALSO to be eligible for 7th year extension. I immediately thought of this forum as it has many people with different experiences.

Can somebody enlighten me on 7th year extension with respect to my situation. Can stay in the country and in which case can I apply for 7th year extn now as all issues with BCS/INS are taking several months these days. I am planning to visit india during the end of this year and I will be left with just one month of my H-1(6years) by then. That is why I am kind of confused about my situation. If I am not eligible for 7th year(since my labor is not cleared so far), then I will have to search for another options....I don't know....

If I am eligible for 7th year extension then what are the documents required for that.

I really appreciate if someone could let me know this information.

Thanks in advance,
SK
 
Can I apply now as it expires in Jan2004 as everything with INS these days is taking time and that way I will be able to visit India in December.

could you also tell me the documents required for 7th yr extension.


thanks for your quick response.

SK
 
Amma,

You are welcome.

1. How much back in advance can you apply - I am not sure - but most of the BCIS guidelines suggest that it should be 45 days in advance (in some cases 60 days.). Definitely not this early - I am sure. Yates Memo, as it is known (from BCIS), only states that the H1B extension petition must have been filed after the 365 day-mark of the filing of the labor certification.

2. Your employer need to file INS Form I-129 (Petition for Nonimmigrant Worker) with supporting documentation to extend your H1B status. Please go through filing instruction of the same. You can find it on BCIS web-site.
 
you can apply upto six months in advance, I applied for my 7th year in Feb'03 and my H-1 doesn't expire untill Aug'03, in your case you should be eligible to apply in August'03.
 
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