H1B 7th year extension confusion

[cyclonus]

Hi,

I keep getting confused everytime people throw all the different form numbers
at me with respect to the various stages of the LC/GC application. So please
bear with me if these questions have been asked of before (the faq entry
btw confused me even further.)... My question is: my H1B expires 02/2005
and my attorney filed my RIR LC application in 01/2004 with the local DES
office (Phoenix, AZ), and we received notification of it arriving at the
regional office (CA) on 04/20/2004. Since the deadline for the H1B is
quickly approaching, am I eligible for the 7th year extension?

Any help and/or insight into this would be most appreciated.

 

[Jim Mills]

Hi,

I keep getting confused everytime people throw all the different form numbers
at me with respect to the various stages of the LC/GC application. So please
bear with me if these questions have been asked of before (the faq entry
btw confused me even further.)... My question is: my H1B expires 02/2005
and my attorney filed my RIR LC application in 01/2004 with the local DES
office (Phoenix, AZ), and we received notification of it arriving at the
regional office (CA) on 04/20/2004. Since the deadline for the H1B is
quickly approaching, am I eligible for the 7th year extension?

Any help and/or insight into this would be most appreciated.

You need to be able to prove that the LC was filed more than 365 days ago to get a 7th year extension. When was the petition filed with DES? What do you have to prove this?

 

[ASG2002]

Question for Jim Mills - 7th year Extension & RFE

Hi Jim Mills,
here are my details of Green Card/H1

Labor Filed: Jan 3rd, 2002
Labor Approved:July, 2003

I-140/I-485 filed: Nov, 2003

EAD Applied: 18th June, 2004
EAD Approved:2nd September, 2004

H1-B 7th year extension applied:4th,Aug 2004
H1-B 6th year completing on 1st Oct, 2004

I-140 Approved after RFE:20th August , 2004

Now my company got an RFE for H1-B 7th year extension,
Here is the RFE content
"It appears you are seeking an extension of beneficiary's H1B status based on section 106 of AC21.For the benficiary to be eligible for an extnesion beyond the six-year limitation, the petitioner is required to demonstrate either of the following:

(1)that 365 days or more have passed since the filing of any application for labor certification(Form ETA-750)
that is required or used by the alien to obtain status as an employment based immigrant , or
(2) that 365 days or more have passsed since the filing of an immigrant petition for Alien Worker(Form I-140)

The record of processdings shows that the beneficiary has an I-140 which has been pending for less than 365 days.
As evidence that an application for labor certification has been pending 365 days or more, sumit any of the following:
1.A document from SWA notifying the employer, the employer representative, the DOL or the USCIS that a form EAT-750, filed on behalf of H1-B
beneficiary , has been pending 365 days or more;

2.A document form one of DOL's ETA reginal offices notifying the employer, the employer's representative or the USCIS that a form ETA-750, filed
on behalf of the H1-B beneficiary, has been pending 3655 days or more; or

3. Acopy of approved Form ETA-750



My Question:
1.I want to know what should I send with the reply?

2.I tried to figure out
in our forums also and found that I need to send Approved Form ETA-750,
I don't know if my lawyer have the copy of Approved ETA-750, I have just one page - the copy of FINAL DETRMINATION , will this page will be enogh?

3.Should I switch to EAD to avoide any complication, I still have few days left in 6th year of H1-B?
Any comments will be greatly appreciated!!!
thanks-

 

[Jim Mills]

1.I want to know what should I send with the reply?

You need to send evidence that an application for labor certification has been pending 365 days or more. This means that you need to send them one of the following documents:

1.A document from SWA notifying the employer, the employer representative, the DOL or the USCIS that a form ETA-750, filed on behalf of H1-B
beneficiary , has been pending 365 days or more;

2.A document form one of DOL's ETA regional offices notifying the employer, the employer's representative or the USCIS that a form ETA-750, filed
on behalf of the H1-B beneficiary, has been pending 3655 days or more; or

3. A copy of approved Form ETA-750

(this is exactly what they asked for, you need to send one)

2.I tried to figure out in our forums also and found that I need to send Approved Form ETA-750, I don't know if my lawyer have the copy of Approved ETA-750, I have just one page - the copy of FINAL DETRMINATION , will this page will be enogh?

No, you need to send them what they asked for. You probably should ask the attorney if he has a copy. It would be pretty stupid not to keep a copy of an original document that you send to USCIS.

3.Should I switch to EAD to avoide any complication, I still have few days left in 6th year of H1-B?

You can but it will take 3 months to get an approval and you cannot work while it is pending unless you have another authorization to work.

 

[ASG2002]

thanks James for your reply, I will inquire more from my Lawyer if they have a copy otherwise I have approved EAD with me.I think that will work?