H1B 7th Year extension + LC Receipt questions

[wiespino]

Hello Guys,
I just went through this forum and I have some questions. If anybody could help me I would appreciate it.

Question 1
I am almost in my 6th year of H1B. I applied for Labor ETA750 in February 2004 and my H1B will expire in April 2006. As far as I know it shouldn't be any problem getting the extension since when I will apply for it I will have the ETA750 filled for 2 years.

Reading the threads in this forum I found several times the following statement made by an user named "ginnu":
Quote: "USCIS needs the evidence of LC filing and evidence is LC filing reciept that lawyer gets from SESA or SWA after LC is filed"

First of all I don't have a lawyer and I did the ETA750 by myself. The application is normal, not RIR.

Second, I have a question regarding the above statement: WHAT receipt ???" Would that be the postal service receipt since I send this by Certified Mail ?? Other than that I didn't get any receipt. Even more, before filing when I talked with SWA office they said they will not send any receipt and in case I need proof in order to get the extension I sould send them a letter (1-2 months before filing extension with INS) asking them to send me a letter (or something) back saying that my application is pending. Am I missing something here ???

Ginnu or anybody else, if you could explain this I would appreciate it...
Please ADVISE because I'm panicking...

Question 2
Anybody know I would like to know how long a normal Labor ETA 750 (not RIR) takes in NEW York. It looks like it takes 5 years ?!?!?

Question 3
My next question is about the filling for H1B extension. What is the fee for the 7th year ? It is a regular H1B fee (1000+130) or is just $130 for form I129 (is this a second or subseqeunt extension of stay as per form I129W and therefore there is no need to pay $1000 training fee) ?

Question 4
In my case, I think I'm OK with getting the extension. Can anyone think of any reason that could cause my extension to be denied ??

Question 5
I din't think they give passport stamps for extensions but reading some threads looks like they do. I always thought that when in extension you are not allowed to leave US because they are not stamping your passport ?!?!

Thanks in advance for all your help,
A.

 

[ginnu]

Hello Guys,
I just went through this forum and I have some questions. If anybody could help me I would appreciate it.

Question 1
I am almost in my 6th year of H1B. I applied for Labor ETA750 in February 2004 and my H1B will expire in April 2006. As far as I know it shouldn't be any problem getting the extension since when I will apply for it I will have the ETA750 filled for 2 years.
--- correct and you need LC filing recieptCopy that SWA sends after LC is recieved, it will be with lawyer who filed LC , if no reciept Lawyer/employer can write to SWA and can get the reciept
Reading the threads in this forum I found several times the following statement made by an user named "ginnu":
Quote: "USCIS needs the evidence of LC filing and evidence is LC filing reciept that lawyer gets from SESA or SWA after LC is filed"

First of all I don't have a lawyer and I did the ETA750 by myself. The application is normal, not RIR.
------ your employer may have got the LC filing reciept if not recieved let the employer write letter to SWA for the LC filing reciept with case# and PD
Second, I have a question regarding the above statement: WHAT receipt ???" Would that be the postal service receipt since I send this by Certified Mail ?? Other than that I didn't get any receipt. Even more, before filing when I talked with SWA office they said they will not send any receipt and in case I need proof in order to get the extension I sould send them a letter (1-2 months before filing extension with INS) asking them to send me a letter (or something) back saying that my application is pending. Am I missing something here ???
-----employer need to send the letter to SWA and they will send the reciept, talk to SWA

Ginnu or anybody else, if you could explain this I would appreciate it...
Please ADVISE because I'm panicking...

Question 2
Anybody know I would like to know how long a normal Labor ETA 750 (not RIR) takes in NEW York. It looks like it takes 5 years ?!?!?
-------- others will post
Question 3
My next question is about the filling for H1B extension. What is the fee for the 7th year ? It is a regular H1B fee (1000+130) or is just $130 for form I129 (is this a second or subseqeunt extension of stay as per form I129W and therefore there is no need to pay $1000 training fee) ?
---- check the USCIS or DOL site for correct fees, it has been increased recently, I think one has to pay the training fees
Question 4
In my case, I think I'm OK with getting the extension. Can anyone think of any reason that could cause my extension to be denied ??

Question 5
I din't think they give passport stamps for extensions but reading some threads looks like they do.
---- only H1 extension approval notice with I-94 attached , USCIS never gives Visa stamp in passport.
I always thought that when in extension you are not allowed to leave US because they are not stamping your passport ?!?!
----- one can go out if extension is filed and person has Valid Visa stamp to return
Thanks in advance for all your help,
A.

 

[wiespino]

Hello Guys,
Thank you for taking the time for me.
I talked to my Human Resources lady today and gave her the phone number for NY SWA to ask them what do we need to get that receipt. I wanted to ask them myself but I went through 4 answering machines and almost all messages mentioned that it should be the attorney or the employer inquiring about stuff like this. I'll see how it goes... I still have a year until I need to file for the extension so I will come up with something in case i have problems...

Rincytom =>Question 3 answer: What do you mean by second extension ?? I had my first H1B with a different employer, I changed that H1B for the current employer and I got the second H1B with the current employer. Will the seventh year qualify as the second EXTENSION or that is the case for the 8th year extension and so forth ??

Rincytom =>Question 4 answer: I hope for the best and I try to think positive. I prepared the ETA 750 and all other stuff myself because I had no lawyer my company is useless when it comes to this. That is the reason I filed a normal application and not RIR... I thought that since in the normal application, the DOL suppose to tell you what to do is going to be easier for me to get my employer to take the necessary steps. I know I'll be better with RIR but that was what I could do at the time...

Ginnu=> Question 5
---- only H1 extension approval notice with I-94 attached , USCIS never gives Visa stamp in passport.
I knew INS doesn't stamp passports, that is done by DOS who as far as i know made it clear that they will not stamp passports for extensions.
----- one can go out if extension is filed and person has Valid Visa stamp to return
How can the stamp be valid if you filed an extension because your H1B expires ?? Mine and my wife stamp expire the same day the sixth H1B year ends ?? Please explain this to me ....

That is it. I still have a new question. Is it worth it to try change my filled ETA 750 to the new PERM. If yes, who should I contact SWA of BCE?? What is the address for BCE and I would assume NY cases will be send to Philadelphia BCE ?!

Thanks again for all your help and I wish you luck with all your stuff. Hopefuly this bad dream is going to end good for us...

Thanks,
A.

 

[ginnu]

----- one can go out if extension is filed and person has Valid Visa stamp to return
How can the stamp be valid if you filed an extension because your H1B expires ??
---- just an example,if H1 visa stamp and I-94 is going to expire in june 2005 and person files H1 extension in Jan/feb, he can go out and can come back before june 2005(one can file H1 extension 6 months advance)
Mine and my wife stamp expire the same day the sixth H1B year ends ??


Please explain this to me ....

 

[wiespino]

Ginnu,
Yeah, but technically you use the second H1B to come and go which means as I suspected that for extensions you have to stay here so technically there is no stamp or way to travel during the extended year.
Indeed one can file H1B 6 months in advance but also only 3 days in advance so this is argumentative... Even when you file 6 months in advance you are using the H1B until it expires so technically there is nothing related to this extension. They will give you extensions form the day the H1B expires...