H-1B 6 year limit/S.2045

S

surendranath kunisetty

Registered Users (C)
Here is my situation. I came to U.S in 1994 December. When I Applied my H-1B extension in last year INS approved my H-1B till Feb 2002. I have applied for my labor ceritification in 1997 Dec, but it has not approved yet. I am wondering what are the possibilities to stay in U.S. If the bill S.2045 approved am I eligible to file 1 year extensions. Actually my 6 period ends in decmber 2000 but I have approved H-1B till Feb 2002. Considering all these things please advice me.

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I\'m in a similar situation as your. Maybe we could correspond in private and give an update to this discussion here.
I also applied for labour in Oct 97 and my H1 expires in Dec 2000. If you are interested you can reach me at
rdonthireddy@yahoo.com

Thanks.
 
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Hi, Surendranath,
How did you extend H-1B period over 6 years ???
I came here Apr.95 and I have gone through almost final stage of Green card. but unfortunately, the employer withdrawed it at last minute.(I applied I-485 Mar.99). Now I am starting from Scratch.
New H-1 transfer and L/C RIR procedure.
I need to extend H-1B that will expire Apr.03.2001.
Thank you for your advice...
 
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Hi Guys,

I am in similar boat, my 6 yr expires on 14 Dec 2000 and my I-140 in EB3 is applied and EB2 is pending. Can I apply for extension, right away (or as soon as the ink dries, when the president signs) ?

 include me in your private correspondence at @eds.com.

Thanks
 
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I am in the same boat. My wife\'s six years are expiring April 01 although she has filed for LC in Jan 00. This means she would have more than one year when her six year limit expires. Since we all have similar issues, can you all let me know if INS is accepting one year extension, provided it is signed by the president. My e-mail is aswarup@holnam.com
 
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Hay amitabh,

     Go to the shusterman.com and click on AILA analasys. They Clearly mentioned that 1 year extensions only apply to the people who have been filed their I-140. I hope your wife will file the I-140 before April 01.
 
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Hey Surendranath,
You probably did not read the Shusterman\'s site properly ! Please read the section 106.

SECTION 106. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.

· Allows H-1B nonimmigrants with pending I-140s to extend their status beyond the six-year limit if 365 days or more have passed since the original filing date of their labor certification applications or their I-140 filing date. The extensions shall be granted in one-year increments until a final decision is reached on their permanent residence.
 
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What is pending I-140 means? You should have filed your I-140 right?
What I am saying is the people whose Priority date is 365 days back (LC filing date)and if they did not filed for their I-140, they are not allowed to get 1 year extensions. In order to get 1 year extensions you should have filed your I-140.
 
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That\'s not what the regulation says, it says that the Labor Certification OR I-140 must have been filed more than 365 days in the past. It looks to me that the legislature is including petitions that do not require a Labor Certification.

Jim
 
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This is the analasys that was done by AILA.

Allows H-1B nonimmigrants with pending I-140s to extend their status beyond the six-year limit if 365 days or more have passed since the original filing date of their labor certification applications or their I-140 filing date. The extensions shall be granted in one-year increments until a final decision is reached on their permanent residence.
 
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I quote from a immigration web site about six year limit:

".... Section 104(I) allows ANY alien (1) who is the beneficiary of a FILED EB-1, EB-2 or EB-3 visa petition; and (2) would be eligible to apply for permanent residence except for the application of per-country limitations (e.g. born in India or mainland China) to apply to the INS for extensions of nonimmigrant status until his or her adjustment of status application has been adjudicated. Beware, the bill states that the application "may" be approved. This means that it may be denied as well..."

If my intruptation of (2) is correct, in addition to 1 yr from ID plus AC cleared, your case is delayed only only because of per country quota. Now, how do they determine that ? Even with the simple logic now the DO dates are not accurate. This is a big caveat.
 
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Hi all..

My Labor Certification was cleared last year
and my I140 was filed this May\'2000 but unfortunately
for me, My Company treated my postion as a contract
one, once their work was completed they werent
interested in extending my tenure and i had to move
to another company(via H1-transfer)

Now , my 6yr H1 ends in 2002 Aug and the Question
i have is:::::
 Can i extend for 1 yr period if I140 was previously
 filed with INS( 365 days prior) but since im with
 a new company will it matter????
 
 Your help will be greatly appretiated!!!

 thanks,

--H1B holder
 
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Hi
My LC was approved in april\'99 & my lawyer(Liar) has filled on my behalf I-140 on 05/21/99. He has not forwarded me my receipt & i have not heard from NSC either! How do i track my case without knowing the receipt date?
Also my H1-B expires in may of 2001. My company has changed names and is trying to cutdown on people. Will I be able to change company\'s?

Baffled
 
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Please note my case and advise: I left USA when I still had 12 months on my H1 (6 years limit) left. The immigration officer at the Canada US border even voided my H1 and cancelled the same on my passport and took my I-94. Since 14 months I have lived and worked oustide USA. Now I have job offer in USA and the US employer is willing to process a new H1. So with a new H1 do I get six years or 12 months (left over from previous H1) with this new employer. I Thank You for your time and answers...
 
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I\'m interested in the same question i.e. can the H1-B extension be applied( 6 year limit reached on H1-B) via S.2045 based on the fact that I\'ve a previous employer\'s labor cert and I-140 approved and over 365 days( for the labor cert.). Or does the labor cert have to be definitely with the current employer? Any one got an extension this way?
 
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