H1-B 7th year extension

K

kanmir

New Member
My H1B is going to end by march 2006 and i have filed my labor one yr back and is yet to get approved.Now i wanted to change my employer and file my GC with the new company.
During this 5 yr stay in US , i took a leave of 6 months and went to india.My qtn is will the INS consider these 6 months during extension?Because the INS states that if i have to apply for my extension,my labor should have been filed one yr prior.
<< When i enquired about this to my new employer , what he is saying is that it should not be a problem since i have filed my labor with my old company.He is saying that he could take that date as my filing date(though it is with the old employer) and can apply for 7th year extension>>
Please do let me know if anyone of you have come across these kind of situivation.

Thanks in advance.
 
You have to provide evidence that your LC is filed 365 days prior. You can use LC filed by any company and they are willing to continue the process. Since you are leaving your previous company, they can withdraw your LC or not provide you the evidence that they filed your LC. So be careful on this.

You have to specifically ask to credit the time you spent outside US for credit towards 6 year limit and provide evidence. It is upto the USCIS to accept it. So, it is very important that your LC is filed 365 days prior to get one year extension until your GC processing.

kanmir said:
My H1B is going to end by march 2006 and i have filed my labor one yr back and is yet to get approved.Now i wanted to change my employer and file my GC with the new company.
During this 5 yr stay in US , i took a leave of 6 months and went to india.My qtn is will the INS consider these 6 months during extension?Because the INS states that if i have to apply for my extension,my labor should have been filed one yr prior.
<< When i enquired about this to my new employer , what he is saying is that it should not be a problem since i have filed my labor with my old company.He is saying that he could take that date as my filing date(though it is with the old employer) and can apply for 7th year extension>>
Please do let me know if anyone of you have come across these kind of situivation.

Thanks in advance.
Click to expand...
 
Thanks DJ.

I got a letter of confirmation from Alien Labor Certification Dept , that a lobor certification had been filed on my behalf.My previous compnay filed my labor during feb 2004 and it is almost one year.do you think even if my old company withdrew my labor application , my new company could get my 7th year extension?

Thanks again
 
I think the letter will do but if your previous company withdraws your LC before you file for extension, then technically you have no standing. The 7th year extension is granted because you are persuing your GC with that comapny, but once they withdraw or LC denied then you have no pending GC application. This is my understanding, better check with an attorney.



kanmir said:
Thanks DJ.

I got a letter of confirmation from Alien Labor Certification Dept , that a lobor certification had been filed on my behalf.My previous compnay filed my labor during feb 2004 and it is almost one year.do you think even if my old company withdrew my labor application , my new company could get my 7th year extension?

Thanks again
Click to expand...
 
Kanmir,
could you please tell how you got the letter of confirmation from Alien Labor Certification Dept , that a lobor certification had been filed on your behalf?
Did you get it on your own or you had to get it from your employer or your lawyer.
Please reply
Thanks
 
Urgent

Could anyone please shed a light on whether an employee can get the proof of filing labor directly w/out involving the employer or lawyer.
 
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