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H-1 extension
- Thread starter anithar
- Start date
PalaniappanRajaram
Registered Users (C)
H1 extension
Anithar,
Are you applying for an extension past the 6 yr. limit or are you extending past the initial 3 years? If it is within the 6 years, I would file an extension just before the expiry of the previous visa and continue working. According to the new regulations, one can commence / continue working as soon as the application has been received by the INS. So, to me it wouldn\'t matter when INS approves my application and sends me the approval notice.
In fact, my lawyer did this manuevre, in my case, even for the 7th year extension and we are waiting for INS adjudication. My wife had her H1 extended past the first 3 years in the beginning of 2001 and she received the approval within 2 months.
-Palaniappan Rajaram
PS.: If anyone else has any views on the above, please advice.
Anithar,
Are you applying for an extension past the 6 yr. limit or are you extending past the initial 3 years? If it is within the 6 years, I would file an extension just before the expiry of the previous visa and continue working. According to the new regulations, one can commence / continue working as soon as the application has been received by the INS. So, to me it wouldn\'t matter when INS approves my application and sends me the approval notice.
In fact, my lawyer did this manuevre, in my case, even for the 7th year extension and we are waiting for INS adjudication. My wife had her H1 extended past the first 3 years in the beginning of 2001 and she received the approval within 2 months.
-Palaniappan Rajaram
PS.: If anyone else has any views on the above, please advice.
H1 Extensions
Palaniappan:
Did you have a labor certificate approval when you filed for your 7th year extension? I was told that to qualify for a 7th year extn one should have a LC approval AND 365 days should have elapsed since filing for I-140. Is that true?
Suresh
Palaniappan:
Did you have a labor certificate approval when you filed for your 7th year extension? I was told that to qualify for a 7th year extn one should have a LC approval AND 365 days should have elapsed since filing for I-140. Is that true?
Suresh
Suresh
For a 7th year extension, at least you would need to have filed a LC more than 365 days in the past. At most, you need to have a priority date more than 365 days ago AND have filed an I-140. The rules seem to require a pending, or approved, I-140 but I have had a 7th year extension granted with an LC filed more than 365 days ago without a pending I-140. There are no definite regulations for AC21 so this is another area of ambiguity.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
732-644-5702
For a 7th year extension, at least you would need to have filed a LC more than 365 days in the past. At most, you need to have a priority date more than 365 days ago AND have filed an I-140. The rules seem to require a pending, or approved, I-140 but I have had a 7th year extension granted with an LC filed more than 365 days ago without a pending I-140. There are no definite regulations for AC21 so this is another area of ambiguity.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
732-644-5702
Anithar
You cannot apply for an extension (at least you\'re not supposed to be able to) more than 6 months prior to expiration and approvals normally take 2 to 3 months (notice I said normally). So, 3-4 months ahead is pretty safe. It is sometimes a good tactical idea to delay filing until right before expiration but this depends on the particular situation.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
732-644-5702
You cannot apply for an extension (at least you\'re not supposed to be able to) more than 6 months prior to expiration and approvals normally take 2 to 3 months (notice I said normally). So, 3-4 months ahead is pretty safe. It is sometimes a good tactical idea to delay filing until right before expiration but this depends on the particular situation.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
732-644-5702