H1B 7th year extension while BEC pending

7th year extension - Form DS 156 item# 36

Planning to apply for 7th year extension. Could anybody guide me in terms of how to fill item# 36 on visa application form DS 156? i.e. Has anyone ever filed an immigrant visa petition on your behalf?

Since this is still employment based immigration and not family based immigration, I am not sure what to write here. I guess it should be NO but I might be wrong.

Any idea?
 
Telesync,

My lawyer told me that if I have filed form I-140, I should answer Yes. If not, should answer NO.

Hope this helps!

telesync said:
Planning to apply for 7th year extension. Could anybody guide me in terms of how to fill item# 36 on visa application form DS 156? i.e. Has anyone ever filed an immigrant visa petition on your behalf?

Since this is still employment based immigration and not family based immigration, I am not sure what to write here. I guess it should be NO but I might be wrong.

Any idea?
Click to expand...
 
7th year extension

Hi all:

My H1b expired recently ..

My present company already applied for a 7th year extension two months back and there was a recent news of a company wide layoff some time early next year.

I have applied for labor from another company and the 365 day limit is some time in dec.

If there is any impact for me in the layoff .. :( .... Hope Not !!! and if i
don't get my H1B approval on time what are my options?

Can i use my 7th year extension receipt and transfer to the other company ?

Thanks in advance.
 
LaborVictim2005 said:
Hi all:

My H1b expired recently ..

My present company already applied for a 7th year extension two months back and there was a recent news of a company wide layoff some time early next year.

I have applied for labor from another company and the 365 day limit is some time in dec.

If there is any impact for me in the layoff .. :( .... Hope Not !!! and if i
don't get my H1B approval on time what are my options?

Can i use my 7th year extension receipt and transfer to the other company ?

Thanks in advance.
Click to expand...
yes, you can
 
Change of employers

I'm on the same boat. I'm on year-by-year H1B extensions while my Case Status in the Philly BEC says "Incomplete". The priority date is 09/30/2003.
I wasnt aware I can apply for labor certification through another company. My current employer's situation is shaky and I need to look for alternatives. I dont want to get out of status. If I do, would I get deported? What do I need to tell the new employeer to do to continue my case?
 
Very True. Nebraska Service Center is also tooooooo slow in H1B extension!
Just a week progress sucks!
 
Hello GC_Dec2002,

Good to know that you got a screen shot required for 7th year extension. My friend is about to complete his 6 years on H1B in next two months and his previous company applied Labor and may be currently pending with Dallas as the company is located in Kansas City, MO. He emailed to h1b7yr@dal.dflc.us email Id around 6 weeks back and did not hear back from Dallas. He gave his name and his company name. He did not give his case number as he is not sure of his number and his old company is reluctant to provide the case number to him.

He also called Dallas BEC but they said they will talk to the attorney or employer who filed the Labor. He is not working for that employer any more.

Can you suggest any way out for him, so he gets screen shot and does not need to go back to India for one year.

Thank you very much. If possible please let us know the way to contact you by email. We tried sending message but it did not go through.


GC_Dec2002 said:
Hello Buddies,

I got reply from PBEC with screen shot with in 23 minutes today.

But it was says the following things. I haven't seen any column for about case status. Please advise me what does this mean.

ETA Case Number:
P-0428XX-XXXXX
Priority Date:
12/09/2002

Processing Type:
RIR
Case Source:
Region

Employer Name:
My Company INC.
Business Activity:
INFORMATION TECHNOLOGY

Occupation Title:
My Title
Occupation Code:
030XXXXXX

Rate of Pay:
$ 999999/ Yearly
Prevailing Wage:
$ 999999 / Yearly

Alien Name:
My Name
Visa Type:
H-1B

Nationality or Citizenship:
INDIA

Case Received Date:
mm/dd/yyyy

Processing Center:
Philadelphia Backlog Elimination Center

Thanks,
GC_Dec2002
Click to expand...
 
Last edited by a moderator:
When to file for extension

Is there any limitation on how soon one can file for 7th year extension, I mean before the 6th year expiration date?

My 6th year will end in Sep 06, so should I begin the process in like May or sooner??

I heard someone say that you can only file before 3 months of your expiration date (which Is most likely to be false), can anyone second that?

My labor is in PBEC with a PD of Oct 2002 and I have the screenshot which lists the case status as "RIR", it has been 11 months since I responded to the 45 day letter.

What If I get my labor approval before May? I hope that does not affect the 7th year extension and I would still be eligible.

Any comments?
 
You can file for 7th year extension 6 months before your visa expires. Your labor approval will not effect your visa extension. Once you file I-140 then your lawyer can file for the 3 year extensions.

clzeus10 said:
Is there any limitation on how soon one can file for 7th year extension, I mean before the 6th year expiration date?

My 6th year will end in Sep 06, so should I begin the process in like May or sooner??

I heard someone say that you can only file before 3 months of your expiration date (which Is most likely to be false), can anyone second that?

My labor is in PBEC with a PD of Oct 2002 and I have the screenshot which lists the case status as "RIR", it has been 11 months since I responded to the 45 day letter.

What If I get my labor approval before May? I hope that does not affect the 7th year extension and I would still be eligible.

Any comments?
Click to expand...
 
Tell your friend to send an email to h1byr@PHI.DFLC.US as they share the same database.

They should respond more promptly than Dallas BEC.

Good luck !!

knowDOL said:
Hello GC_Dec2002,

Good to know that you got a screen shot required for 7th year extension. My friend is about to complete his 6 years on H1B in next two months and his previous company applied Labor and may be currently pending with Dallas as the company is located in Kansas City, MO. He emailed to h1b7yr@dal.dflc.us email Id around 6 weeks back and did not hear back from Dallas. He gave his name and his company name. He did not give his case number as he is not sure of his number and his old company is reluctant to provide the case number to him.

He also called Dallas BEC but they said they will talk to the attorney or employer who filed the Labor. He is not working for that employer any more.

Can you suggest any way out for him, so he gets screen shot and does not need to go back to India for one year.

Thank you very much. If possible please let us know the way to contact you by email. We tried sending message but it did not go through.
Click to expand...
 
clzeus10 said:
Is there any limitation on how soon one can file for 7th year extension, I mean before the 6th year expiration date?

My 6th year will end in Sep 06, so should I begin the process in like May or sooner??

I heard someone say that you can only file before 3 months of your expiration date (which Is most likely to be false), can anyone second that?

My labor is in PBEC with a PD of Oct 2002 and I have the screenshot which lists the case status as "RIR", it has been 11 months since I responded to the 45 day letter.

What If I get my labor approval before May? I hope that does not affect the 7th year extension and I would still be eligible.

Any comments?
Click to expand...

It's 6 months, not 3. I went thru it this year. So you should ask your attorney to start your paperwork in March and apply in April. Labor approval does not affect this since you are still in the GC process. If your labor is rejected then you have problem. Good luck !!
 
Please Support---Urgent

Since Arlen Spector was the one who brought this bill back on track after Senator Byrd introduce his amendment. We should get in touch with him again and in fact immediately. His contact information is as follows:

Arlen Specter (R-PA)
Phone: 202-224-4254
Fax: 12022281229
Email: http://specter.senate.gov/index.cfm...ontactInfo.Home

Let's do following things tomorrow.

1. Flood his office with the phone calls and request him to make sure that section 8001 and 8002 of s1932 is included in the final version of the bill.
2. If we have someone from PA (Arlen's state), have him or her to get in touch with his office asap and raise our concern.

Everyone, Game is still not over. We can bring things back on track. Just effort is needed.
 
Use this Content to send emails

here is some base content that I typed up in about five mins.

Feel free to improve upon it or just copy paste and send to as many senators as possible.


Senator Specter,

Please help us legal, highly skilled immigrants who are waiting for the past 4-6 years for a green card by retaining the provisions 8001 and 8002 of the bill s1932.

These are some provisions that provide us with a ray of hope in this otherwise nightmarish situation where thousands of highly qualified immigrants with Master's degrees and jobs in top US corporations are waiting endlessly for the DOL and now the so called "Backlog Elimination Centers" to process our applications.

Things have deteriorated tremendously due to the excruciatingly slow pace at which these agencies are moving with no accountability and auditing from congress, they are abusing their powers and in turn making lives of thousands of legal immigrants miserable.

There was finally going to be some relief for this immigrant community in the form of provisions 8001 and 8002 of the bill s1932, but it seems like they are about to be stripped out of the bill with complete disregard for the suffering individuals caught up in the backlogged labor certification approval process.

Please help us by retaining these provisions and passing them as the House has already passed these measures.

Thank You
Click to expand...
 
Hi Guys,

I have a question. If your H1 is denied for any reason do we have any grace period to file another H1 ? or are we out of status with immediate effect ?
 
H4 to H1 question

Gurus,
My wife was in H1 and then changed to H4. I am going to apply for the 7th year extension for me and my wife(h4). After the extension is it possible to change her H4 to H1 so that she can work? I think she can not because she has already spent 6 years on H visa. It is all based on how this extension logic works.
Please suggest.
Thanks.
One of the PBEC Victim.
 
How risky? - Employer self Fill n File 7th yr extension

Hello 7th year residents, im PBEC victim and my priority-date is May 2002. My 6th yr expires in Jun 06.

My employer is willing to self-fill n file for H1 7th yr extension and it would be a good cost saver, by saving lawyer fees. My employer had filed for first H1 extension himself, only that i didnt know then. But now since i know, i must worry. Especially because we are expecting our first kid in Jun 06, the same month when my 6yr expires. So i am apprehensive but at the same time would like to save, since i have to pay out of pocket.

My questions :
- Has anybody had an experience of employer self fill n file?
- Any cases of rejections?
- How does one communicate in form I129 that this request is for 7th yr extension? What documents are required other than 45day letter? (screen-shot?).
- Do I have a shot on getting 3yr extension, eventhough Im still in labor and dont have I140? How can that be requested in I129?
- How much do lawyers charge? Anybody know decent lawyers?

Any words of wisdom from the lords will be appreciated. Thanks.
 
You must log in or register to reply here.
Top