H1B 7th year extension while BEC pending

I'm confused now!

Please check my earlier post Atlanta04.

I have got the approval already but i will not be able to get the stamping in chennai due to the non-availability of appointment.

My question is can i come back to USA with two valid i-797 one with the date valid until April 2006 and the other one is the new extension i got for an year.

Will i get the new extension of April 2007 applied to the I-94?

Will the new extension be still valid?

Gurus please help me. It is urgent.

Thanks
 
Bhakthan,

You can definitely come back with your old H1 which is valid till April 2006 (assuming that you have old H1 visa stamped on your passport). If not, then you might want to consult your attorney about it.

Good luck !!

Bhakthan said:
Please check my earlier post Atlanta04.

I have got the approval already but i will not be able to get the stamping in chennai due to the non-availability of appointment.

My question is can i come back to USA with two valid i-797 one with the date valid until April 2006 and the other one is the new extension i got for an year.

Will i get the new extension of April 2007 applied to the I-94?

Will the new extension be still valid?

Gurus please help me. It is urgent.

Thanks
Click to expand...
 
If your extension is approved then you should not have a problem since the processing is over. As long as you have a valid stamp on your passport you should be able to reenter without a problem. I really do not know if they will mark your I-94 expiration date using your old or the new one.

I would think that they would use the new date, since the stamp is actually is not your visa, your visa is your approval notice, and they should go by your approval notice as long as you have a valid unexpired stamp when you enter.

Technically, since your H1B is extended until next year, and you do not need to have a stamp to stay(only for entrance), then they must mark your I-94 date same as your H1B extension expiration date. Only one thing an INS inspector might ask, why didn't you renew your stamp while you were home.
 
They will not stamp I94 with the "new H1B extension expiration date" bocoz on the H1 it self they say this is not a visa. They would give a new I94 on arrival with the Present Visa exp date as per your passport.
I dont have any idea about the new H1 extension if its still going to be valid. I would suggest you to ask any attorney or you see MurthyChat sessions if you find and related questions.
http://www.murthy.com/chatlogs/chattran.html
 
true. i would consult an attorney.

when requesting a 7th year extension, how do you state that it's a 7th year extension. There is no checkbox on I-129. Please advise.
 
Thanks for the information

Thanks to all who took time to respond.Appreciate it.

My current visa is valid until April 2006 in the passport and i will be returning back in Jan 2006.

Yes i consulted my attorney and his response is not sure about the validity of the new H1 extension after i come back as he says we can re-apply for the extension again. But he also says the I-94 validity will get the new extended I-797 date(which is April 2007 in my case).

Since i couldn't get an appointment in chennai/delhi consulates it is real tricky.

Thanks again for all the replies.Immigration forum is real helpful.
 
Bhakthan said:
Thanks to all who took time to respond.Appreciate it.

My current visa is valid until April 2006 in the passport and i will be returning back in Jan 2006.

Yes i consulted my attorney and his response is not sure about the validity of the new H1 extension after i come back as he says we can re-apply for the extension again. But he also says the I-94 validity will get the new extended I-797 date(which is April 2007 in my case).

Since i couldn't get an appointment in chennai/delhi consulates it is real tricky.

Thanks again for all the replies.Immigration forum is real helpful.
Click to expand...


I sent you a PM.
 
7th year extension apporval time

hi fellas,

my 6th year is ending on June'19. I called my employer to file my 7th year extension and they said they will start the process in Jan'end. My question is it ok to start the process in Jan or I should push them to start the process ASAP. In other word , my question is how much time its taking these days for extension apporval to come ?

I am also planning to go to India in April-May next year.

Also can someone please point me to the FAQ where I can find list of documents that need to be submitted along with extension application.

Thanks a lot
 
gc_ka_wait said:
hi fellas,

my 6th year is ending on June'19. I called my employer to file my 7th year extension and they said they will start the process in Jan'end. My question is it ok to start the process in Jan or I should push them to start the process ASAP. In other word , my question is how much time its taking these days for extension apporval to come ?

I am also planning to go to India in April-May next year.

Also can someone please point me to the FAQ where I can find list of documents that need to be submitted along with extension application.

Thanks a lot
Click to expand...
https://egov.immigration.gov/cris/jsps/ptimes.jsp?
select your processing center and check for the current date.
I-129|Petition for A Nonimmigrant Worker | H -1B - Specialty occupation - Extension of stay in the U.S. |

http://boards.immigration.com/forumdisplay.php?s=&forumid=36
 
Last edited by a moderator:
Bhakthan said:
Thanks to all who took time to respond.Appreciate it.

My current visa is valid until April 2006 in the passport and i will be returning back in Jan 2006.

Yes i consulted my attorney and his response is not sure about the validity of the new H1 extension after i come back as he says we can re-apply for the extension again. But he also says the I-94 validity will get the new extended I-797 date(which is April 2007 in my case).

Since i couldn't get an appointment in chennai/delhi consulates it is real tricky.

Thanks again for all the replies.Immigration forum is real helpful.
Click to expand...
You can always get an emergency appointment. If you are working in US and is a returning INDIAN, you are eligible to get an emergency appointment so you can resume back your job. Give a try to get an emergency appointment and you will be fine with no confusion.
 
Help !!! No reply from Dallas BEC

Hi KnowDOL

I am in a similar situation like your friend. I want to file my extension with a new company and trying to get a screentshot from Dallas BEC. They told me they will respond only to the employer or attorney. Can I still contact philly BEC and get it. I have only a couple of months on my H1B. I have all the case number and filing information and i gave everything in the email, but no response.

Is anyone still getting replies from philly when you call on your own. What exactly is the information you are sending them. Can I try at philly now. Any help is appreciated.

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...
 
Every one's support required.

Dear Friends,

Please support the fight against retrogression

http://immigrationvoice.org

Lot of activities are going on to fight against EB retrogression.

The team is working with a professional lobbyist and we won't fail this time.

We will win the fight.We need everyone's support.

Good luck.
 
Got 7th year extension in less than 2 months (CA case)

Hi,
Receipt Date : 10/27/05
Approval Date : 12/16/05
Case info : CA, EB2, RIR, PD: 10/16/2003
Regards
ybnyk
 
Is there anybody from NY who couldn't get LC filing proof from PBEC for 7th year H1B

Hi All,

I am trying to figure out what to do for my 7year extension. For some strange reason, I, my employer and attorney all couldn't get the filing proof from PBEC. Regardless how many times we email/call/fax/mail them.

If anybody have similiar experience, please let me know and maybe we can try to find some answer.
 
please help me!!!

My company is now complying for the H1b salary but they cannot afford to 50K per year. They planning to re-file my H1B for new position so they can afford to pay my salary, i expect its gonna be low position for my current position/jobs. My question is-

1. For refiling my H1B for new position, can it be affected my pending LC?

2. Could it have a problem (in the future) when im going to file my Green Card?

3. Is the H1B filing dependent to LC or green card applications?

4. My Current 6th year of H1b will be end this jan 2007, so if i will renew it will give me 1 year because of my pending LC, if they going to re-file my H1B for new position this year is gonna be another 3 years?

5. What is the possible problem for re-filing H1B for new position?

Appreciate your help. Thank you!
 
Barkathan

If you have valid visa till Apr 2006, you can reenter US without any problem, although there are no pre-guarantees. Regarding your I-94, you will have to show the New H1B approved with new I-94. They will give new I-94. You can show the previous H1B which expires in Apr 2006. But your case will get I-94 with Apr 2007 on it.

Thanks,
Kanjoos
 
No reply from PBEC or DBEC

Hi
I am having the same issue, none of the BEC's are replying for proof of 7th year extensions. Can someone give any idea what can be done.

thanks

nylc4yr said:
Hi All,

I am trying to figure out what to do for my 7year extension. For some strange reason, I, my employer and attorney all couldn't get the filing proof from PBEC. Regardless how many times we email/call/fax/mail them.

If anybody have similiar experience, please let me know and maybe we can try to find some answer.
Click to expand...
 
What do they say when you call them ? Worst come worst your lawyer might have to visit the PBEC premises to find out what the heck is going on (assuming you have the relevant papers of the case filed).

purvalaya said:
Hi
I am having the same issue, none of the BEC's are replying for proof of 7th year extensions. Can someone give any idea what can be done.

thanks
Click to expand...
 
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