H1 Expiry & Labor Certification - Please advice

F

Farooq

Registered Users (C)
My H1 6 year period is expiring on Nov 10th, 2004.
I filed my labor and it will be 1 year from the date I got the receipt of filing on Nov 3rd, 2004.
I am not sure if the labor will be approved before H1 expires.

I have been out of US for close to 7 weeks in the last 6 years.

I am not sure if I can file H1 extension and if so, when can I file it.
I have a very cool job and the H1 tension is taking a big toll on me.
Please advice me the options I have.
I really appreciate it.

Thanks,
Farooq
 
U can file for an extension after 3rd Nov. However u should get all the paper work ready before that(just advice).
I dont think the 6 week helps much. Technically u r not on H-1B while u r out of U.S, but dont bank on it.
--murali
 
Well if LC has been applied before start of your 6th H1 Year (Nov 10th 2003) you can get H1 Extension, its a easy procedure your attorney / company needs to do, nothing to worry or much to do, just need to file H1 Extension with LC receipt...

good luck

Farooq said:
My H1 6 year period is expiring on Nov 10th, 2004.
I filed my labor and it will be 1 year from the date I got the receipt of filing on Nov 3rd, 2004.
I am not sure if the labor will be approved before H1 expires.

I have been out of US for close to 7 weeks in the last 6 years.

I am not sure if I can file H1 extension and if so, when can I file it.
I have a very cool job and the H1 tension is taking a big toll on me.
Please advice me the options I have.
I really appreciate it.

Thanks,
Farooq
Click to expand...
 
Farooq,
I was in a situation very similar to yours.
You should have you attorney prepare all the Paperwork well ahead of time and have him/her be ready to file on Nov 4th 2004. You should be OK.
I know it is a lot of mental strain but it will be OK.


Farooq said:
My H1 6 year period is expiring on Nov 10th, 2004.
I filed my labor and it will be 1 year from the date I got the receipt of filing on Nov 3rd, 2004.
I am not sure if the labor will be approved before H1 expires.

I have been out of US for close to 7 weeks in the last 6 years.

I am not sure if I can file H1 extension and if so, when can I file it.
I have a very cool job and the H1 tension is taking a big toll on me.
Please advice me the options I have.
I really appreciate it.

Thanks,
Farooq
Click to expand...
 
gp111 said:
No Need to wait till November, You can file the extension right now...
Click to expand...

I believe Farooq is saying that his LC filing date is Nov 3rd, 2003.

The candidate has to wait one-year after filing of LC before he can file for H-1B 7th year extension ( I went thru a similar situation).

so if his filing was done on Nov 3rd 2003, he has to wait till Nov 3rd 2004.

However if his Labor application filing was done in Nov 3rd 2002, he can file for his extension even now.
 
The LC application has to be filed before end of 5th year, there are no requirements of waiting for 1 year after application for extension application !... Nowadays it takes 2 to 4 months to get Extension approval & just go ahead & apply for extension.


jnathan said:
I believe Farooq is saying that his LC filing date is Nov 3rd, 2003.

The candidate has to wait one-year after filing of LC before he can file for H-1B 7th year extension ( I went thru a similar situation).

so if his filing was done on Nov 3rd 2003, he has to wait till Nov 3rd 2004.

However if his Labor application filing was done in Nov 3rd 2002, he can file for his extension even now.
Click to expand...
 
There is an ABSOLUTE requirement that LC has to be filed before 5th year and 1 year HAS to have passed.
This was stated by my attorney when I was in this situation:
My H-1B 6th year was ending on Aug 15th 2003.
My LC was filed on July 31st 2002.
My attorney filed my 6th year extension on Aug 1st 2003 because he said it WAS a neccessity to wait one-year to file extension.
My attorney's firm is the second largest immigraton firm in USA.

And here is the actual law from Murthy.com

H1B Extension Only Allowed after LC Pending for Over a Year:
-----------------------------------------------------------

The Memo states that the H1B extension petition must have been filed after the 365 day-mark of the filing of the labor certification or I-140 had passed. Otherwise, the foreign national does not qualify for the one-year incremental extensions beyond the 6th year.

gp111 said:
The LC application has to be filed before end of 5th year, there are no requirements of waiting for 1 year after application for extension application !... Nowadays it takes 2 to 4 months to get Extension approval & just go ahead & apply for extension.
Click to expand...
 
jnathan said:
There is an ABSOLUTE requirement that LC has to be filed before 5th year and 1 year HAS to have passed.
This was stated by my attorney when I was in this situation:
My H-1B 6th year was ending on Aug 15th 2003.
My LC was filed on July 31st 2002.
My attorney filed my 6th year extension on Aug 1st 2003 because he said it WAS a neccessity to wait one-year to file extension.
My attorney's firm is the second largest immigraton firm in USA.

And here is the actual law from Murthy.com

H1B Extension Only Allowed after LC Pending for Over a Year:
-----------------------------------------------------------

The Memo states that the H1B extension petition must have been filed after the 365 day-mark of the filing of the labor certification or I-140 had passed. Otherwise, the foreign national does not qualify for the one-year incremental extensions beyond the 6th year.
Click to expand...
SESA gives confirmation letter after 365 days that goes alongwith H1B application for extension beyond sixth year.
 
Thanks

thanks for all the suggestions guys. I really appreciate it.
I will take all your suggestions and talk to my attorney. I am leaning more towards filing the extension on Nov 4th.

thanks a lot once again.
 
Farooq said:
thanks for all the suggestions guys. I really appreciate it.
I will take all your suggestions and talk to my attorney. I am leaning more towards filing the extension on Nov 4th.

thanks a lot once again.
Click to expand...
Farooq - if you need any advice/suggestion, please feel free to PM me.
 
Hi jnathan,
To file H1 extension(7thyr) do we need SESA 365 day confirmation letter? If so, how can 1 week gap be sufficient to get the letter and file h-1B in order to be in status? Can one work after filing 7th (eventhough H1 6yrs expired)?
 
YnotCanada said:
Hi jnathan,
To file H1 extension(7thyr) do we need SESA 365 day confirmation letter? If so, how can 1 week gap be sufficient to get the letter and file h-1B in order to be in status? Can one work after filing 7th (eventhough H1 6yrs expired)?
Click to expand...

All u need is the receipt from SESA that you would have got at the time of filing. The filing date on that should be at least 365 days before.
You don't need a confirmation letter.
 
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