H1B 7th year extension while BEC pending

[GC_from_NJ]

As long as you return to US before your visa expires you should be fine. There is no reason to worry as you are legally entering US with a valid visa.

Hi All,

My six years on H1 is expiring in Feb 2006 and I am planning to Travel to India in Nov/Dec this year. I talked to my HR department and they said that they will file for the 7th yr extension in Nov. My current visa stamping is valid until Feb 2006.

My question is: Will it be ok when I try to enter into the US in Nov/Dec 2005 after returning from India trip. At that time my 7th year extension would not have been filed/approved? Will it be a problem that my current H1 and visa stamping will be expiring in 2 months and my 7th year extension would not have come through? According to my HR department, I would be fine.

Did any one of you go through the same situation. Any comments, suggestions would be greatly appreciated.

Thanks

 

[GCCovet]

Hi All,

My six years on H1 is expiring in Feb 2006 and I am planning to Travel to India in Nov/Dec this year. I talked to my HR department and they said that they will file for the 7th yr extension in Nov. My current visa stamping is valid until Feb 2006.

My question is: Will it be ok when I try to enter into the US in Nov/Dec 2005 after returning from India trip. At that time my 7th year extension would not have been filed/approved? Will it be a problem that my current H1 and visa stamping will be expiring in 2 months and my 7th year extension would not have come through? According to my HR department, I would be fine.

Did any one of you go through the same situation. Any comments, suggestions would be greatly appreciated.

Thanks

Hi,
Earlier this year, I re-entered US when I had just 15 days left before my H1 VISA was expering. No stress. All went fine. Good luck.
-GCCovet

 

[TAMIL_GC]

I recently got the screen shot of my case for 7th year approval. But I noticed few errors as follows

Case Source: State (It should be regional, because my case has been sent from Atlanta US DOL)
Rate of Pay: $ 57.45 / Yearly (!!!!!)
Prevailing Wage: $ 57.45 / Yearly (!!!!)

I am bit concerned about the case source because it seems like BEC giving first preference to cases which has been forwarded from regional dol. Is there any way I can make them to correct these mistakes?

My case is RIR, PD 07/09/2003, GA, ATL DOL, Philly BEC.

 

[GC_from_NJ]

Do you have a letter from DOL stating that your case was forwarded to regional. Maybe you can ask your company or lawyer about it. If you have the paper then tell your lawyer to fax the copy to PBEC and they should be able to correct the mistake.

Good luck !!

I recently got the screen shot of my case for 7th year approval. But I noticed few errors as follows

Case Source: State (It should be regional, because my case has been sent from Atlanta US DOL)
Rate of Pay: $ 57.45 / Yearly (!!!!!)
Prevailing Wage: $ 57.45 / Yearly (!!!!)

I am bit concerned about the case source because it seems like BEC giving first preference to cases which has been forwarded from regional dol. Is there any way I can make them to correct these mistakes?

My case is RIR, PD 07/09/2003, GA, ATL DOL, Philly BEC.

 

[TAMIL_GC]

Do you have a letter from DOL stating that your case was forwarded to regional. Maybe you can ask your company or lawyer about it. If you have the paper then tell your lawyer to fax the copy to PBEC and they should be able to correct the mistake.

Good luck !!

My lawyer should have that letter. I will contact him about this. Thanks a lot GC_from_NJ.

 

[rich_royus]

Hello Friends,

Need some urgent help.

I was working for a company which had laid off 20K+ people in last couple of years. I was not laid off but was moved to a different company who got the IT division of the first company. First company had applied for my labor in jan 2002 which is still pending. My current company has transferred the case to them and hence the labor is still pending.

Now, I am trying to join a new company and I am requesting them to file for the 7th year extension at the same time based on the pending labor. I have less than 6 months for 6years of H1.

But, the lawyer is suggesting to file for H1 transfer now and then extension as he thinks I might not get the extension based on the pending labor as my first company has laid off many employees. Is that true?

Thanks

 

[immi24]

Hi All,

My six years on H1 is expiring in Feb 2006 and I am planning to Travel to India in Nov/Dec this year. I talked to my HR department and they said that they will file for the 7th yr extension in Nov. My current visa stamping is valid until Feb 2006.

My question is: Will it be ok when I try to enter into the US in Nov/Dec 2005 after returning from India trip. At that time my 7th year extension would not have been filed/approved? Will it be a problem that my current H1 and visa stamping will be expiring in 2 months and my 7th year extension would not have come through? According to my HR department, I would be fine.

Did any one of you go through the same situation. Any comments, suggestions would be greatly appreciated.

Thanks

Rajeev,

Make sure that you come back before you extension is approved. Since the last I-94 at the Port of entry will override the I-94 that you will get with the extension, and you will have to refile the extension all over again!

PM me incase you need additional info.

 

[GC_SLACER]

Help me - Please reply

Friends and GURUS

My case is like this:

CA,SF,RIR,EB2,PBEC
PD : 07/2003
RD : 06/2004
45 : 03/16/05

My 6th year expired Feb,2005 and now I am on 7th year Extension. Company X filed from GC.

Now I want to join another company Y. Y tells me that there is no problem they can get H1B transferred to Company Y on the basis of Company X's GC is pending for more than 1 year. Company Y will file PERM as soon as possible.


So now my questions are

1. Can I join company Y ?
2. Can Company Y file for my H1 extension for the 8th year on the basis of company X's GC pending in case company Y's PERM is not filed/not approved ?
3. In case Company Y files my PERM and it gets rejected, can Company Y can still file for my 8th year extension for re-trying PERM?

Your reply will be deeply appreciated.

 

[ssahai]

H1-B year Ext.

Hi

I wanted to know if in case, I sent mail to H1B7YR@PHI.DFLC.US for 7th year extension then

My quesiton

what is the content of this mail?
Is there a problem if you sent multiple mail for same case from multiple time?


Your prompt response is highly appreciated.

Thanks
Sandeep Sahai

 

[GC_from_NJ]

The contents of this mail is: Your name, Your employer's name, Case status - SWA or Regional.

However only genuine cases requesting for 7th year extension should email PBEC. This email id has off lately been abused by people seeking some kind of information even though they are not requesting extension. This is the only source of information we can have on our case as of now so if it is not absolutely needed please restrain from doing so.

Cheers !!

Hi

I wanted to know if in case, I sent mail to H1B7YR@PHI.DFLC.US for 7th year extension then

My quesiton

what is the content of this mail?
Is there a problem if you sent multiple mail for same case from multiple time?


Your prompt response is highly appreciated.

Thanks
Sandeep Sahai

 

[Shil1]

Employer's letter for 7th year extension!

Hi Folks,

Need a little help here. My attorney is ready to file for my 7th yr ext. He has sent my employer the same format of company letter we provided for the previous extension. It doesn't say anywhere that we are asking this 7th year extension on basis of Labor pending for more than a yr. Talking to attorney will be a waste of time.

So, If someone has already filed for 7th yr. and wouldn't mind sharing a standard format, I'd appreciate it.


Thanks.

 

[gc_ka_wait]

wow PBEC is fast atleast in replying the email

Hi Folks,

Need a little help here. My attorney is ready to file for my 7th yr ext. He has sent my employer the same format of company letter we provided for the previous extension. It doesn't say anywhere that we are asking this 7th year extension on basis of Labor pending for more than a yr. Talking to attorney will be a waste of time.

So, If someone has already filed for 7th yr. and wouldn't mind sharing a standard format, I'd appreciate it.


Thanks.

Folks I wrote email last nite and got reply this afternoon with Screenshot

with Case Source Region: Status: RIR

what does RIR mean ?

my PD is 12/20/02, State is PA

 

[GC_from_NJ]

Status report

You should be in Step 4

1.Incomplete = 45day letter not yet generated/Case not entered fully
2.Data Review = 45day reply not recieved/45day reply not entered Falls into TR/RIR Q
3.Closed = 45 day reply not recived/Employer closed/BEC erorneosly entered
4.RIR = 45 day reply recieved/data entered /under process
5.Final Review = With CO
6.Certified = Certified (May not yet mailed)

Folks I wrote email last nite and got reply this afternoon with Screenshot

with Case Source Region: Status: RIR

what does RIR mean ?

my PD is 12/20/02, State is PA

 

[gc_ka_wait]

thanks

You should be in Step 4

1.Incomplete = 45day letter not yet generated/Case not entered fully
2.Data Review = 45day reply not recieved/45day reply not entered Falls into TR/RIR Q
3.Closed = 45 day reply not recived/Employer closed/BEC erorneosly entered
4.RIR = 45 day reply recieved/data entered /under process
5.Final Review = With CO
6.Certified = Certified (May not yet mailed)

thanks Man. It seems like the longest step.

 

[kosu]

I dont think RIR means that they have received the 45days Letter. If you take my case, My case was filed on OCT 2003, VA SESA, did not make it to the regional. I received my screenshot today.

They have given me a temporary case number T-05159-59xxx. On the processing type it says RIR.

Does any one know why it says RIR, eventhough I havent yet recieved my 45 Days Letter.

Thanks

 

[gc_ka_wait]

my guess would be

I dont think RIR means that they have received the 45days Letter. If you take my case, My case was filed on OCT 2003, VA SESA, did not make it to the regional. I received my screenshot today.

They have given me a temporary case number T-05159-59xxx. On the processing type it says RIR.

Does any one know why it says RIR, eventhough I havent yet recieved my 45 Days Letter.

Thanks

that since they hv assigned you a temporary case no , it would mean they hv picked up your casee for processing and T was assigned bcoz 45 day letter was not sent out. but still your case falls into same category.

 

[gc_ka_wait]

one more Q

thanks Man. It seems like the longest step.

does anyone know typically how much time would it take to move from RIR to final Review stage for PBEC case with PD 12/20/02/EB3/RIR/PA. I know it wont be very accurate estimate, but i would be content will some educated guess from Gurus.

 

[GC_from_NJ]

Check out my guess work in the other thread....

does anyone know typically how much time would it take to move from RIR to final Review stage for PBEC case with PD 12/20/02/EB3/RIR/PA. I know it wont be very accurate estimate, but i would be content will some educated guess from Gurus.

 

[kosu]

that since they hv assigned you a temporary case no , it would mean they hv picked up your casee for processing and T was assigned bcoz 45 day letter was not sent out. but still your case falls into same category.

Thanks for the reply..

 

[richshi]

still "awaiting processing"??

anyone getting response like this from PBEC?

"Dear Employer:

This is in response to your
inquiry regarding the pending
Application for Alien
Employment Certification. Your
application on behalf of ABC XYZ
was filed with the State
Workforce Agency (local office)
on November 2, 2001. The
application is awaiting
processing.

Current processing information
can be obtained by visiting our
website at
http://atlas.doleta.gov/foreign
.



Sincerely,


STEPHEN W. STEFANKO
Certifying Officer"