H1B 7th year extension while BEC pending

Extension for 7th Year

Hello All,

Hope everything fine with you guys.

Come to the point directly. My 6th year completing on April 2006 but I have current visa upto Feb 2006. I had received my 45 days letter on Feb 2005 and my PD date on Dec 2002. Now I am going for 7th year extension.

How should I approach? While applying for 7th year can I capture my remaining balance period 2 months in extension?

All advises are welcome!!!

Thanks,
 
Yes .

You can apply for the balance 2-3 months + any period where you were outside the USA(like vacation, business trip etc...attach copies of I-94 for proof) + 7th year.

You can apply for it all together or two separate ones (one for delta period and once that is approved, apply for the 7th year).
 
Eliminate substitutions on LCA's

Thanks for Immi_Seeker for my question response.

Everyone should read this below info.

DOL To Propose Elimination of Substitutions/Imposition of 45-Day Deadline for Filing I-140s

A proposed rule that would eliminate substitutions on labor certification applications, impose a 45-day deadline for filing an I-140, and add enforcement measures was cleared by OMB on August 10, 2005. The next steps are approval and signature at DOL, then publication in the Federal Register. For more information: http://www.reginfo.gov/public/do/eoViewRule?ruleID=253350

Go to http://www.aheckler.com/pages/siu.php for all the latest immigtration news.
 
7th year extension question - please help

Hi,
Here is my detail:

-- Current Visa (on passport) expires in October 2005 but my approval notice valid till April 7 2006.
-- Applied for LC in First week of March 2005
-- I haven't recieved any case number/status for my LC yet.
I am planing to send a mail to the Dallas office for a screen shot to apply for the 7 the year extension. Here are my questions:
a) Since I will be completing 365 days in March 2006 after the LC submission, can I apply for the extension before that? I mean in Nov or Dec 2005

b) My current Visa on the passport expires soon. Should I need to have a valid visa on my passport while applying for the 7th year extn? Or a valid approval notice will do?
Thanks
 
a) No, you cannot file for an extension unless your LC is pending at DOL for atleast 365 days.

b) You will need a valid passport for filing the 7th year extension because your lawyer has to send your passport details to INS for extension. Once INS observes that your passport is going to expire it raise a query which might delay the process. You can send your passport to the consulate in US and get it extended. It is a pretty straight forward process and it takes a month to get it done.

mjksjm said:
Hi,
Here is my detail:

-- Current Visa (on passport) expires in October 2005 but my approval notice valid till April 7 2006.
-- Applied for LC in First week of March 2005
-- I haven't recieved any case number/status for my LC yet.
I am planing to send a mail to the Dallas office for a screen shot to apply for the 7 the year extension. Here are my questions:
a) Since I will be completing 365 days in March 2006 after the LC submission, can I apply for the extension before that? I mean in Nov or Dec 2005

b) My current Visa on the passport expires soon. Should I need to have a valid visa on my passport while applying for the 7th year extn? Or a valid approval notice will do?
Thanks
Click to expand...
 
mjksjm said:
Hi,
Here is my detail:

-- Current Visa (on passport) expires in October 2005 but my approval notice valid till April 7 2006.
-- Applied for LC in First week of March 2005
-- I haven't recieved any case number/status for my LC yet.
I am planing to send a mail to the Dallas office for a screen shot to apply for the 7 the year extension. Here are my questions:
a) Since I will be completing 365 days in March 2006 after the LC submission, can I apply for the extension before that? I mean in Nov or Dec 2005

b) My current Visa on the passport expires soon. Should I need to have a valid visa on my passport while applying for the 7th year extn? Or a valid approval notice will do?
Thanks
Click to expand...

Generally, Valid visa is only required for TRAVEL.

You are allowed to apply for H1-B extension 6 months before expiry of existing H1-B.

You have current H1-B until Apr 7, 2006. Your LC will be pending for more than 1 year in First week of March 2006. You didnt mention when you will complete 6 yrs of H status. I assume it is Apr 7, 2006. You will need to obtain proof of pending labor (for more than 365 days) after 1st week of March 2006 and apply for H1-B extension before Apr 7, 2006.

You can ask DBEC to give you pending labor proof and they will provide you proof. The proof will state the PD as 1st week of March 2005. If you apply for extension before 1st week of March 2006, INS will deny extension since labor will not be pending for more than 1 year.
 
justdoit said:
Generally, Valid visa is only required for TRAVEL.

You are allowed to apply for H1-B extension 6 months before expiry of existing H1-B.

You have current H1-B until Apr 7, 2006. Your LC will be pending for more than 1 year in First week of March 2006. You didnt mention when you will complete 6 yrs of H status. I assume it is Apr 7, 2006. You will need to obtain proof of pending labor (for more than 365 days) after 1st week of March 2006 and apply for H1-B extension before Apr 7, 2006.

You can ask DBEC to give you pending labor proof and they will provide you proof. The proof will state the PD as 1st week of March 2005. If you apply for extension before 1st week of March 2006, INS will deny extension since labor will not be pending for more than 1 year.
Click to expand...

Thank you Just_do_it,
I am sorry. I forgot to mention that, my H1 status will complete 6 years on 7th April 2006. After reading your reply I have the following questions:

1) Is there any problem if I apply for the extensoin after first week of March, since my H1 expires on 7th April? Any idea they will deny it saying that it is too close to the expiration date? Do you know is there any minimum time something like 'you should apply atleast xx dates before the H1 expires" or something?

2) Can I re-coupe all vacation that I took to go to India ( about 3 months) and extend the H1 for that period and then apply for the 7 th year extension? Do you you is that possibble?
Thanks
 
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Time to get 7th year approval from VSC ?

Folks,
Does anyone know how much time it is taking for Vermont service center to issue the 7th year approval ? The USCIS status page says 90-150 days for extension but that seems like a typical response - just wondering if anyone has any recent experience.
As everyone else, my case is also pending at PBEC and I had attached the screenshot about my LC case, to the H1b extension application.
 
mjksjm said:
Thank you Just_do_it,
I am sorry. I forgot to mention that, my H1 status will complete 6 years on 7th April 2006. After reading your reply I have the following questions:

1) Is there any problem if I apply for the extensoin after first week of March, since my H1 expires on 7th April? Any idea they will deny it saying that it is too close to the expiration date? Do you know is there any minimum time something like 'you should apply atleast xx dates before the H1 expires" or something?

2) Can I re-coupe all vacation that I took to go to India ( about 3 months) and extend the H1 for that period and then apply for the 7 th year extension? Do you you is that possibble?
Thanks
Click to expand...

Ans 1) Make sure you case reaches INS before Apr 7, 2006.
Ans 2) Yes. You can extend H1 for (vacation period + 1 yr extension) in 1 application.
 
justdoit said:
Ans 1) Make sure you case reaches INS before Apr 7, 2006.
Ans 2) Yes. You can extend H1 for (vacation period + 1 yr extension) in 1 application.
Click to expand...

Hi Justdoit: Thank you very much for the information.
 
csrini1 said:
roro,

if you have the case number from TWC, send email to H1B7YR@dal.dflc.us, giving ur name, employer name, when u applied for LC and dates, and ask them for the screen shot, saying you need to apply for 7th year, you will know what the status of your case is...
Click to expand...


I do not have my case number since it was filed in last week of march 2004 in non rir
my employer/lawyer is not co-operating
how can i get the proof of filing?


Please advice...
 
You can yourself send an email to DBEC requesting for proof required for 7th year extension. You don't need your company or lawyer to send the information. I got mine by sending an email myself and got the reply in 2 days.

kumar1801 said:
I do not have my case number since it was filed in last week of march 2004 in non rir
my employer/lawyer is not co-operating
how can i get the proof of filing?


Please advice...
Click to expand...
 
GC_from_NJ said:
You can yourself send an email to DBEC requesting for proof required for 7th year extension. You don't need your company or lawyer to send the information. I got mine by sending an email myself and got the reply in 2 days.
Click to expand...

Hi GC_From_NJ,

I am thinking to send an email to SBEC for proof..screen shot, can you give me the format text (consent) what you send by email. Mine is pending with Philly BPC and got 45 day letter, plannig to apply for 7th year ext.

Appreciate your reply.
 
Need Help about Premium Processing

Hi All,

I have joined a new company and my H1 transfer along with 7th year extension depending upon my pending labor with current company is in process. The H1 transfer was not filled using Premium processing. But now I am hearing that my current companies labors are getting approved and mostly mine will get approved soon. So, I think by using normal H1 transfer I might not get extension. So, is there any way to move the current transfer into premium processing?

Thanks
 
This is what I had sent:

Dear Sir/Madam,

Please provide proof of the submission to apply for an extension of an H-1B visa. Here are the details of my Permanent labor.

Type: EB3 RIR

Company Name: XXXXXX

Alien Name: XXXXXXX

Priority Date: Sept 10, 2003

Thanks,
XXXXXX


powerman said:
Hi GC_From_NJ,

I am thinking to send an email to SBEC for proof..screen shot, can you give me the format text (consent) what you send by email. Mine is pending with Philly BPC and got 45 day letter, plannig to apply for 7th year ext.

Appreciate your reply.
Click to expand...
 
Thanks GC_from_NJ,

My Lawyer did it for me, Mine Case Status showed RIR, Is it Ok?

GC_from_NJ said:
This is what I had sent:

Dear Sir/Madam,

Please provide proof of the submission to apply for an extension of an H-1B visa. Here are the details of my Permanent labor.

Type: EB3 RIR

Company Name: XXXXXX

Alien Name: XXXXXXX

Priority Date: Sept 10, 2003

Thanks,
XXXXXX
Click to expand...
 
It is ok

It is ok... Case Status - RIR means that your case has been registered as a RIR case and is ready to go for the final review.


powerman said:
Thanks GC_from_NJ,

My Lawyer did it for me, Mine Case Status showed RIR, Is it Ok?
Click to expand...
 
Please help me regarding this.

rich_royus said:
Hi All,

I have joined a new company and my H1 transfer along with 7th year extension depending upon my pending labor with current company is in process. The H1 transfer was not filled using Premium processing. But now I am hearing that my current companies labors are getting approved and mostly mine will get approved soon. So, I think by using normal H1 transfer I might not get extension. So, is there any way to move the current transfer into premium processing?

Thanks
Click to expand...
 
You may want to contact your lawyer to find out. Personally I don't think a normal processing can be converted to a premium processing once it has reached INS. You might have to withdraw it and then refile it. These are just my thoughts... :eek:

 
It is possible to move your H1B application from Regular to PREMIUM

Yes you can move an H1B extension application from NORMAL/REGULAR processing to PREMIUM processing. I am very positive about it.
I know at first hand happenning this at the 2nd (3yr) H1B extension. Why not for the 7th yr.
 
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