H1 B extension

R

Rxindy

Registered Users (C)
Hi all,

I have a PD of July 2003 filed under RIR with XX SWA. I think all XX SWA pending cases are shipped to Dallas BEC for further processing via the 45-letter reply phase.

I am in Sixth year period of my H1 visa (expiring on May 2006). I had few doubts about my H1 extension on seventh year period.

1. As per prevailing rule, since my LC is pending for past more than 365 days, I can apply for 7th year extension. When should I apply for the extension application? Please advise me.

2. If by using RIR application, XX State backlog is cleared and I get my LC approved before Dec 2005 and apply for I-140 by Jan 2006 , would I still be able to file for my 7th year extension? I cannot file for I-485 till the time I reach the current status due to retrogression for *not-so-important* nationals. I am not sure if I would qualify for 7th year extension with a fresh filed application for I-140 once I get LC approved. Does the I-140 application has to be 6 months pending or 365 days pending for extension eligibility?

3. If I file under PERM and receive my LC approval and also I-140 approval before Jan 2006; but with my pending I-485 application due to retrogression, would it allow me to file for 7th and 8th year extension?

I am so worried about my H1 Extension. Pls advise me.

Thanks again
RPh
 
Rxindy said:
Hi all,

I have a PD of July 2003 filed under RIR with XX SWA. I think all XX SWA pending cases are shipped to Dallas BEC for further processing via the 45-letter reply phase.

I am in Sixth year period of my H1 visa (expiring on May 2006). I had few doubts about my H1 extension on seventh year period.

1. As per prevailing rule, since my LC is pending for past more than 365 days, I can apply for 7th year extension. When should I apply for the extension application? Please advise me.
You can file for a extension 6 months before your current H1 expires.

2. If by using RIR application, XX State backlog is cleared and I get my LC approved before Dec 2005 and apply for I-140 by Jan 2006 , would I still be able to file for my 7th year extension? I cannot file for I-485 till the time I reach the current status due to retrogression for *not-so-important* nationals. I am not sure if I would qualify for 7th year extension with a fresh filed application for I-140 once I get LC approved. Does the I-140 application has to be 6 months pending or 365 days pending for extension eligibility?
Yes

3. If I file under PERM and receive my LC approval and also I-140 approval before Jan 2006; but with my pending I-485 application due to retrogression, would it allow me to file for 7th and 8th year extension?
Yes

I am so worried about my H1 Extension. Pls advise me.

Thanks again
RPh
Click to expand...
 
Thanks for the reply. I really appreciate it.

I was worried coz some of the links in here said that - approved LC with pending I-140 is a No-No situation for H1 extension.

Thanks a lot
Rph
 
Rxindy said:
Thanks for the reply. I really appreciate it.

I was worried coz some of the links in here said that - approved LC with pending I-140 is a No-No situation for H1 extension.

Thanks a lot
Rph
Click to expand...

That's wrong. You can apply 7th year extension with 140 receipt notice.
 
This the reply I recd. from my attorney

Hi all,

I have a PD of July 2003 filed under RIR with XX SWA. I think all XX SWA pending cases are shipped to Dallas BEC for further processing via the 45-letter reply phase.

I am in Sixth year period of my H1 visa (expiring on May 2006). I had few doubts about my H1 extension on seventh year period.

1. As per prevailing rule, since my LC is pending for past more than 365 days, I can apply for 7th year extension. When should I apply for the extension application? Please advise me.

YOU ARE ELIGIBLE FOR H1B EXTENSION BEYOND 6 YEARS BASED ON THE XX (State) FILING. EXTENSIONS ARE INITIATED 4-5 MONTHS BEFORE EXPIRATION, BY REGULATION THEY CANNOT BE FILED MORE THAN 6 MONTHS IN ADVANCE OF THE START DATE REQUESTED

2. If by using RIR application, XX State backlog is cleared and I get my LC approved before Dec 2005 and apply for I-140 by Jan 2006 , would I still be able to file for my 7th year extension? I cannot file for I-485 till the time I reach the current status due to retrogression for *not-so-important* nationals. I am not sure if I would qualify for 7th year extension with a fresh filed application for I-140 once I get LC approved. Does the I-140 application has to be 6 months pending or 365 days pending for extension eligibility?

YOU CAN CONTINUE EXTENDING THE H1B UNTIL YOU RECEIVE YOUR PERMANENT RESIDENCE STATUS (GREEN CARD) THE ONLY TIME YOU WILL LOSE THIS OPTION IS IF AN APPLICATION BASED ON THE XX (state) FILING IS DENIED


3. If I file under PERM and receive my LC approval and also I-140 approval before Jan 2006; but with my pending I-485 application due to retrogression, would it allow me to file for 7th and 8th year extension?

YOU CAN CONTINUE EXTENDING THE H1B UNTIL YOU RECEIVE YOUR PERMANENT RESIDENCE STATUS (GREEN CARD) THE ONLY TIME YOU WILL LOSE THIS OPTION IS IF AN APPLICATION BASED ON THE XX (state) FILING IS DENIED


Hope these answers help.

Thanks again
RPh
 
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