H1 6 years expiring before 365 days since priority date

A

Ashok Siva

New Member
I finished my 6 years on H1 in March 2001. My I-140 petition (Dec 12, 2000 receipt date) is still pending with INS. My green card priority date is June 2000. Meanwhile, before my H1 expired I also applied for a H1 extension claiming the time I was outside US on loss-of-pay which accounts for about 5 months(roughly a month each on 5 visits). INS has sent me a query asking me to prove why I am eligible for a extension.

What should I send INS proving that my time outside US is not a regular vacation and should be considered for extension? Can I apply for a H1 extension on the basis on my pending I-140 when my priority date becomes over 1 year(which will be in late June).

If my I-140 gets approved and my H1 extension gets rejected, what does that mean? Any advice...
 
No Title

Hi:

 I will, most likely, have the same situation. My 6-yr H-1 has expired, I-140 pending, labor cert was filed less than a yr before H-1 expiration date. I am waiting to hear back on the 7th yr extension filing.

 Have you come across any avenues that you could use to justify extension other than the time you were in India. If my petition gets rejected then I plan to stay on and apply for I-485 filing seeking relief through Sec 245 given by the LIFE Act. But do you have other options that you are pursuing.

 A valid reason you can provide is to state your I-140 petition will be decided soon so that you will be eligible for changing status within the next 2-3 months. Therefore they should grant you the extension.

 Please post the options you are considering. Thanks.
 
No Title

Documents to support that your stay outside US was not a vacation:

a) Letters from your employer may help (letter should state that you had taken time-off without pay and the company records does not contain any of your vacation request forms)

b) Letters to support what you were doing during this period

c) Talk to an immigration lawyer (always the best course of action)
 
No Title

My H1B was over in Dec 2000. Applied for extention, came up with findings and we gave what they wanted. They rejected the request saying I have used up my 6 years.

We had send them the 140 receipt and the PD.

Just now My I140 started moving again. They wanted aditional paper work. Which we are going to send.

What should I do. Can I work while appealing the INS decison to deny my 7th year extention?
 
No Title

Hi,

I have only 18 months left out of the total 6 yrs allowed on H1. If I change the employer now to a company in Bay area, CA, and if that company files for my green card in EB2/RIR cagegory, what are the time lines for getting the Labor certification/ I140 / I485 done within these 18 months? I am not uptodate on the CA processing times. Please help. Thanks.
 
No Title

As per the memo that was released by INS as on 19th June, 2001, you should be eligble for 7th year extension. Ask your lawyer to appeal.
 
No Title

Since you have 18 more months, the wise thing to do is to apply for labor from the state you are. Sparing a handful of states you must get your labor done within 8-12 months. Then immediately get your I140 on file. Then you would be able to extend your H1 for a 7th year extension, \'cus the new rule says "if your GC processIincluding labor process) is pending for more than a year, then it can be extended".
I have heard that CA has slowed down too, due to the 245 applications. Good Luck!!
 
No Title

We are going to appeal today, but I want to know can I work during the appeal process. My lawyer was wishy washy on the issue. Thanks
 
No Title

Hi
I have my approved I-140 in EB3 and waiting for my Eb2 I-140 for which RD is 03/15/01.
Should I wait for my Eb2 I-140 or shall I use Eb3 I140 and go ahead with my I485/CP ? Please advice.
But Eb3 I-140 is for another position in different dept. and my lawyer
says that I should intent to work in that position after I get my Green card Approved. I have 6 months left for my 6 yrs h1 expiration (My 6 yrs h1 is expiring on Jan 2002)
Need some advice to come out this dilemma.
Thanks in advance,
pr4me
 
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