H1 Extension - Please advise

N

nervewreck

Registered Users (C)
All:

A friend of mine is in a situation and I seek your opinion on what options he might have.

He is on his 7th year extension.
LC was applied in PERM in November 2007. No approval yet.

His H1 is about to expire in November 2008.

Since his LC is still pending, will he be able to get 8th year extension?

His attorney says they will not file for his 8th year extension, unless they see the LC approval, and 140 to be approved.

He is running out of time and options. If they wont file in time, he will have to go back to India.

Please advise at the earliest.

Thanks.
 
If his labor certification has been pending for 365 days or more he is allowed to extend his H1B. So I don't understand why his lawyer says otherwise.
 
fromnaija said:
If his labor certification has been pending for 365 days or more he is allowed to extend his H1B.
So I don't understand why his lawyer says otherwise.

LC was applied in PERM in November 2007. No approval yet.

His H1 is about to expire in November 2008.

only lawyer has info the date PERM was filed and if PERM will be pending for 365 days Before his H1 based I-94 gets expired
Click to expand...

we Cant comment as we dont know the dates of PERM filing Date and Date I-94 gets expired. His lawyer may have all the info.
 
Let me check with him and get back to this thread with the exact dates.
Will update the thread sometime tomorrow.
Thanks Ginnu and fromnaija.

-Nervewreck
 
Ginnu, fromnaija :
Here are the specific dates from my friend.

His LC was filed on: 11/08/2007
His H1 will expire on: 11/27/2008

My understanding is, after 11/08/2008 He will be able to file for the H1B extension, correct ?

In a 18 day span (Lets say he files for extension on 11/09/2008), will he be able to get some sort of confirmation that his H1 extension is filed and is in the process ?

Is there any chance that he might go out of status ?

Please advise.
-Nervewreck
 
before you go out of status , you can reclaim holidays spent overseas. so let us say he took three weeks vacation earlier then that can be claim 18 days plus three weeks.try to file premium and get receipt notice. It is borderline dates but can be done.
 
nervewreck said:
Ginnu, fromnaija :
Here are the specific dates from my friend.

His LC was filed on: 11/08/2007
His H1 will expire on: 11/27/2008

My understanding is, after 11/08/2008 He will be able to file for the H1B extension, correct ?
----------------------YES, his employer/lawyer should keep all the H1 extension papers ready to file 1-15 days advence of his I-94 expiry date and the day Pending LC hits 365 days next day they should send H1 extension papers to USCIS
In a 18 day span (Lets say he files for extension on 11/09/2008), will he be able to get some sort of confirmation that his H1 extension is filed and is in the process ?
----------------he may get H1 filing reciept OR if his lawyer sends H1 extension on Time BEFORE his I-94 gets expired he is ok.
Is there any chance that he might go out of status ?
------------------------H1 extension with evidence of LC pending more than 365 days MUST Reach USCIS Before his I-94 gets expired
Please advise.
-Nervewreck
Click to expand...
He can also reclaim 18 days spend out of US and should attach the copy of His passport pages with Entry stamps.

-----------------------
 
nervewreck said:
Ginnu, fromnaija :
Here are the specific dates from my friend.

His LC was filed on: 11/08/2007
His H1 will expire on: 11/27/2008

My understanding is, after 11/08/2008 He will be able to file for the H1B extension, correct ?

In a 18 day span (Lets say he files for extension on 11/09/2008), will he be able to get some sort of confirmation that his H1 extension is filed and is in the process ?

Is there any chance that he might go out of status ?

Please advise.
-Nervewreck
Click to expand...
He can file before 11/08/08. There was a memo issued 2, 3 years ago stating USCIS accepts the application if it is obvious the beneficiaries fullfill the 7th (or 8th) year requirement upon H1 start date. Look for USCIS memo in USCIS site. Should be in 2005 or 2006.
 
I have another general question regarding H1 extension.

I have two years left on my current H1. If I go to India for one year+ right now, will I get 6yrs on my H1 when I return?

Scenario 1: I go with my employers permission to India while remaining on the payroll and then comeback the US for the same employer

Scenario 2: I resign, do my thing in India for 1yr and then return to the US

Thanks in advance.

Best regards
 
GC_BMBOO said:
I have another general question regarding H1 extension.

I have two years left on my current H1. If I go to India for one year+ right now, will I get 6yrs on my H1 when I return?

Scenario 1: I go with my employers permission to India while remaining on the payroll and then comeback the US for the same employer

Scenario 2: I resign, do my thing in India for 1yr and then return to the US

Thanks in advance.

Best regards
Click to expand...
you are eligible to 6 year H1 for both scenario.
 
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