H1 B extension - 3 Years But approved 1 year only

S

SAI_GIVE_GC2005

Registered Users (C)
Dear All

My I 140 has been approved already in July this year. I applied for my H1 year extension beyond six years. It has been requested for 3 years extension based on the status of being not able to file I 485 due to priority date (retrogression). But it has been approved only for 1 year and 15 days.
Anyone has the same experience. Or anyone know why my 3 years request has not been considered!

Thanks in advance :confused:
 
probably because the LCA used for the extension had an early expiry date? Check the expiry date of your LCA. (This happened to me with my first extension; I am also assuming that a valid LCA is required for the 6+ year extension too)
 
avi101 said:
probably because the LCA used for the extension had an early expiry date? Check the expiry date of your LCA. (This happened to me with my first extension; I am also assuming that a valid LCA is required for the 6+ year extension too)
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Hi avi101

Thanks for the reply. But I have applied based on my I 140 got approved and I am not able to file I 485 due to retrogression. Due you think still it relates to LCA. Thanks
 
Does not matter if your 140 is approved. The Temp LCA filed with the H1-B should also be valid for 3 yrs. Please check the temp LCA and post back. I may end up in a similar situation in the future. Your case info would be useful.


SAI_GIVE_GC2005 said:
Hi avi101

Thanks for the reply. But I have applied based on my I 140 got approved and I am not able to file I 485 due to retrogression. Due you think still it relates to LCA. Thanks
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SAI_GIVE_GC2005 said:
But I have applied based on my I 140 got approved and I am not able to file I 485 due to retrogression. Due you think still it relates to LCA. Thanks
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LCA he was referring to was Labor Condition Application which comes with H1 petition. I guess LCA you are talking about is labor certificate for GC process.
 
Sai:
As mentioned by the previous posts, LCA (labor conditional application) for H1 and LC (labor certification) for GC are two totally different beasts.

I140 being approved + retrogression only makes you eligible for a 3 year extension. H1B requires a valid LCA, so my guess is that even for an extension beyond 6 years, you need a valid LCA. Even though you are eligible for 3 years, if the LCA is valid for one more year, then you would get an extension only for that one year (till the expiry of LCA).

I think that might be your case. Ask your company for the LCA and post for the benefit of others.

Good luck.
 
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avi101 said:
Sai:
As mentioned by the previous posts, LCA (labor conditional application) for H1 and LC (labor certification) for GC are two totally different beasts.

I140 being approved + retrogression only makes you eligible for a 3 year extension. H1B requires a valid LCA, so my guess is that even for an extension beyond 6 years, you need a valid LCA. Even though you are eligible for 3 years, if the LCA is valid for one more year, then you would get an extension only for that one year (till the expiry of LCA).

I think that might be your case. Ask your company for the LCA and post for the benefit of others.

Good luck.
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Thanks avi101
I checked the LCA copy and it shows only upto my end of the sixth year date. Do you think this is the reason for limiting to one year! Do you think that I cannot go for eigth year extension? But what I heard was that we can extend it for every year in normal case. Since we are in retrogression, we can get extension for 3 years. I don't think that this LCA period will help us, as they apply upto certain period. For example in my case they applied till end of the date of my sixth year expiry date. But USCIS approved additional one year. When they accept to approve one year more even the LCA says only upto my sixth year date, why shouldn't they give for 3 years as requested by the employer!!! Something different for them to calculate or they approve in random!! No one knows. Anyway thanks.
 
Sai:
As mentioned before, I think (but am not sure as I have not done it) that an LCA is required for extension. If yes, then its indeed strange that they extended it even without LCA being valid.

You might want to search\post your question in the concerned H1 forum (link below) and in addition, also enquire about whether they needed an LCA (specifically the 2nd link below). You might get more insights.

Forum category:
http://boards.immigrationportal.com/forumdisplay.php?f=45

Thread:
http://boards.immigrationportal.com/showthread.php?t=91780

The next time you apply for an extension, attach a covering letter mentioning about the memo that talks about 3 year extension, also attach a copy of the memo.
 
avi101 said:
Sai:
As mentioned before, I think (but am not sure as I have not done it) that an LCA is required for extension. If yes, then its indeed strange that they extended it even without LCA being valid.

You might want to search\post your question in the concerned H1 forum (link below) and in addition, also enquire about whether they needed an LCA (specifically the 2nd link below). You might get more insights.

Forum category:
http://boards.immigrationportal.com/forumdisplay.php?f=45

Thread:
http://boards.immigrationportal.com/showthread.php?t=91780

The next time you apply for an extension, attach a covering letter mentioning about the memo that talks about 3 year extension, also attach a copy of the memo.
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Thanks avi101 for your guidance and prompt help. Let me wait and see, as my attorney's office said that they will contact and find the reason for 1 year approval even it has been requested and eligible for 3 years. If I get a good response I will post here for all you people. Thanks
 
Avi.. made very good observation here. It is your lawyer's mistake. He/she should have applied for your LCA up to the date you were seeking extension, LCA doesn't bother about 6 year stuff. It comes from the local labor office and you can get it in a day or 2, Your lawyer might have used your previous LCA.
 
neha_wal said:
Avi.. made very good observation here. It is your lawyer's mistake. He/she should have applied for your LCA up to the date you were seeking extension, LCA doesn't bother about 6 year stuff. It comes from the local labor office and you can get it in a day or 2, Your lawyer might have used your previous LCA.
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Dear All

Sorry I looked into my H1 transfer LCA when you guys explained me. Just now I checked my recent LCA filed by the attorney for my extension and it clearly shows start date 02-04-06 ending date 02-03-2009. But I got extension only upto 03-17-2007????? :confused:
 
Hmm!!! then it is an issue, your attorney should address. Does he say you can refile it ? what is he saying he's gonna do ? Do you see in your petition, your attorney explained properly, on what basis you were seeking 3 year extension. If he did I'm sure the person who worked on your application wasn't Knowledgeable enough for the work he/she was doing. This is new for these guys as until last year nobody needed to file for H1B extension after I-140 approvals.

SAI_GIVE_GC2005 said:
Dear All

Sorry I looked into my H1 transfer LCA when you guys explained me. Just now I checked my recent LCA filed by the attorney for my extension and it clearly shows start date 02-04-06 ending date 02-03-2009. But I got extension only upto 03-17-2007????? :confused:
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neha_wal said:
Hmm!!! then it is an issue, your attorney should address. Does he say you can refile it ? what is he saying he's gonna do ? Do you see in your petition, your attorney explained properly, on what basis you were seeking 3 year extension. If he did I'm sure the person who worked on your application wasn't Knowledgeable enough for the work he/she was doing. This is new for these guys as until last year nobody needed to file for H1B extension after I-140 approvals.
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Hi neha_wal,

I too feel the same. The person worked on my file may not have much knowledge. I applied through premium process. This guy received my file on Dec 5 and sent the approval Dec 7th. So he might not have dealt it properly. My attorney's office said that they will have to contact USCIS and ask them. They will let me know the feedback. I put in the forum the feedback.
 
you might double check with your attorney. He/she might does not mention why you are entitled to 3-year extension in the cover letter he/she submitted. All the things a little bit different with norm you have to point it out. otherwith the guys in uscis might miss it.
 
nonogc said:
you might double check with your attorney. He/she might does not mention why you are entitled to 3-year extension in the cover letter he/she submitted. All the things a little bit different with norm you have to point it out. otherwith the guys in uscis might miss it.
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Hi Guys

Thanks for every one's input and guidance. My attorney's office did every thing properly. It was a mistake on the other side. My attorney's office called them and now USCIS realized and said they will correct it for 3 years and will send the correct approval notice soon. I will let you know once I get it. :)
 
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