H1-B visa - 7th year extension.

[usamunda]

Hello Friends,

Need you advise for this question.
I had applied for my LC through Maine in July 2004 and my 6 year limit of H1-B is getting completed in April 2005. If my LC application gets approved and if i file for I-140 / 485 simultaneously before March 31st, 2005, would that make me eligible for 7th year H1-B extension. I'm in EB2 category. If i'm not eligible for 7th year extension..whether i can stay in U.S legally after 6th year of H1-B visa date gets expired on the basis of I-140/485 being filed .

Your advise would be greatly appreciated.

Thanks.,
USAMUNDA.

 

[ginnu]

Hello Friends,

Need you advise for this question.
I had applied for my LC through Maine in July 2004 and my 6 year limit of H1-B is getting completed in April 2005. If my LC application gets approved and if i file for I-140 / 485 simultaneously before March 31st, 2005, would that make me eligible for 7th year H1-B extension.


----- yes
I'm in EB2 category. If i'm not eligible for 7th year extension..whether i can stay in U.S legally after 6th year of H1-B visa date gets expired on the basis of I-140/485 being filed .
---- once you file I-485 you can stay but best option is to file 7TH YEAR H1 extension if your I-140 is not approved
Your advise would be greatly appreciated.

Thanks.,
USAMUNDA.

 

[usamunda]

Hi Ginnu,

Thanks for your feedback.

I wish to clarify on your answer which is "Yes" for my following question.

***
I had applied for my LC through Maine in July 2004 and my 6 year limit of H1-B is getting completed in April 2005. If my LC application gets approved and if i file for I-140 / 485 simultaneously before March 31st, 2005, would that make me eligible for 7th year H1-B extension.
***

In this scenario, even though my LC gets approved and i file for I-140/485, the whole GC process(to be more precised my LC petition) has not commenced 365 days before.

I would be filing for I-140/485 simultaneously and that would be only couple of weeks before my H1-B visa expires. My understanding of the current process is that either my LC application should be pending for 365 days or if LC is approved and I-140 is pending for 365 days .only then one is eligible for 7th year extension.

Could you provide your in-sights in this. Thanks for your help.

Best Regards,
USAMUNDA.

 

[ashokgupta2003]

The key question is -

How will you get your 7th year H1B extension if your Maine LC is not approved by April 2005 and remains pending?

 

[ginnu]

Hi Ginnu,

Thanks for your feedback.

I wish to clarify on your answer which is "Yes" for my following question.

***
I had applied for my LC through Maine in July 2004 and my 6 year limit of H1-B is getting completed in April 2005. If my LC application gets approved and if i file for I-140 / 485 simultaneously before March 31st, 2005, would that make me eligible for 7th year H1-B extension.
***

In this scenario, even though my LC gets approved and i file for I-140/485, the whole GC process(to be more precised my LC petition) has not commenced 365 days before.

I would be filing for I-140/485 simultaneously and that would be only couple of weeks before my H1-B visa expires. My understanding of the current process is that either my LC application should be pending for 365 days or if LC is approved and I-140 is pending for 365 days .only then one is eligible for 7th year extension.

Could you provide your in-sights in this. Thanks for your help.
------------- from your post you look sure that your LC will be approved before you hit 6 years, if that happen then you will file I-140 AND I-485, EAD AP, once you get I-485 filing reciept just attach the I-485 pending reciept with your 7th year H1 extension
Best Regards,
USAMUNDA.

 

[ginnu]

The key question is -

How will you get your 7th year H1B extension if your Maine LC is not approved by April 2005 and remains pending?

--- if his LC is not pending more than 365 days he is not eligible for 7th year H1,
( if he finds any approved LC he can file I-140 , I-485 based on LC substitution)
if his LC gets approved he can file I-140, I-485, EAD AP, but should file 7th year H1 and maintain H1 to be safe till I-140 gets approved