H1 extension and Travel question

P

pagla

Registered Users (C)
My six year is expiring in June. As my LCA is pending for more than a year, we applied for 7th year ext. in Jan '04. Now here are my questions (assuming I don't do Premium Processoing):
1. If my wife have to travel before June (with valid h4 papers) and wait until our extension comes thru from INS and I send them to India to her for stamping. Then she stamps it from India. Why that's not a possibility?
2. If she needs to travel after June with same model why its a problem?
Obviously we are NOT talking about plesure trips here ... I am contemplating the possibility of emergency sitiuations which will even not give me time for Prem. Processing.

Thanks in advance ...
pagla
 
Pagla,
I think you might be in a major problem, if u'r company had filed for u'r extension before 365 days ... INS would say that u'r ineligible for the 7th year extension and deny it ... atleast this is what happend to me.

I would suggest you talk to u'r lawyer ASAP and ask them to file for another extension in june, specifically on the 366th day since the LC was filed. if this is not possible go ahead try to reclaim all the time u were in india between jobs. this way you can file for an extension from june to that period say august and once that gets approved apply for the 7th year extension imm'tly.

I am giving u all this information simply b'cas i am in the same issue and read my posting under H11B 7th year extension forum.
 
Thanks guys for your responses. Actually i got my 7th year extension quite fast (in 3 months) and will be sending the passport to St. Louis early next week. My wife already travelled back home and she will be there for three more months to take care of her parents and then stamp the visa from there. However ... thanks for ur help.
 
please forward me the detail any web site or documents required or procedure for H1 stamping in st louis as I got my H1-B extenstion & want to get it stamped here in USA also my wife is in India now she was here left after approval of extension & she has to get it stamped from India before coming to USA.
 
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