H1B 7th year extension while BEC pending

Question

Sorry guys this question may not belong her. If any one answer i would realy appreciate Do we need latest pay stubs to convert from H1B to H4
 
GC Closed Case Vs 7th year extension

Hi VAMAX & GC_FROM_NJ

I read your discussion about GC Closed Case Vs 7th year extension some time in July05.

I am in similar situation That means
1) attorny has filed my H1b 7th year extension with GC State Labour approved copy and
2) sent a letter to Reinstate the erroneaously closed GC labour.

Questions:
1. How long does it take to reinstate the closed GC case?
2 Does USCIS approve 7th year extension with the proof of GC state labor copy?
3. For H1B extension, I have applied for 4Months( reminder of 6yr) + 1 Year (7th year ext). In such cases, will USCIS approve the 4Months as I have no RFE evidence for 7th year?

Good luck with your case.. if you have any good result by now, please share with us..

Thanks in advance..
AnbuFL
 
Can I extend my H1-B?

Gurus, please help!

Here is my case. My priority date is July 2002. I haven't received my approval of labor yet. My H1-b 6 years will expire next April. If my labor get approved this October, I can't catch to file i140 and i485 concurrently which is highly likely as i did not receive the labor yet and priority date cutoff is a reality now.

Here is the problem. I read some lawyer said under AC-21, one can extend h1-b only if ones' i140 or labor is pending more than a year. In my case, october is the month my labor getting approved and i don't have pending labor anymore. however, there is also no way for me to have a pending i140 as my h1 expires next April.

I called the company attorney and she told me i don't need to worry without giving a convincing reason. So whom should i believe? Any thing i can do?
 
Hi VAMAX & GC_FROM_NJ

I read your discussion about GC Closed Case Vs 7th year extension some time in July05.

I am in similar situation ( That means : attorny has filed my H1b 7th year extension with GC State Labour approved copy and 2) sent a letter to Reinstate the erroneaously closed GC labour.)

Questions:
1. How long does it take to reinstate the closed GC case?
2 Does USCIS approve 7th year extension with the proof of GC state labor copy?
3. For H1B extension, I have applied for 4Months( reminder of 6yr) + 1 Year (7th year ext). In such cases, will USCIS approve the 4Months as I have no RFE evidence for 7th year?

Good luck with your case.. if you have any good result by now, please share with us..

Thanks in advance..
AnbuFL


VAMAX said:
Thank you very much GC_from_NJ.

My lawyer is working with BEC to re-open my case for past 4 months. BEC office called my lawyer and informed that they will re-open my case with in 2 month and 2 months has passed but no word from them. What my lawyer told me, your 45 days letter should be good enough to get your 7 Yr extension. I am just checking did any one have similar situation
 
Hi AnbuFl,

My case is reopned, please see my signature.

AnbuFl said:
Hi VAMAX & GC_FROM_NJ

I read your discussion about GC Closed Case Vs 7th year extension some time in July05.

I am in similar situation ( That means : attorny has filed my H1b 7th year extension with GC State Labour approved copy and 2) sent a letter to Reinstate the erroneaously closed GC labour.)

Questions:
1. How long does it take to reinstate the closed GC case?
2 Does USCIS approve 7th year extension with the proof of GC state labor copy?
3. For H1B extension, I have applied for 4Months( reminder of 6yr) + 1 Year (7th year ext). In such cases, will USCIS approve the 4Months as I have no RFE evidence for 7th year?

Good luck with your case.. if you have any good result by now, please share with us..

Thanks in advance..
AnbuFL
 
ehmm2 said:
how much did you pay for the filing/government fees for the 7th year extension? My attorney said that because my employer has over 100 employees the government/filing fees will be over $2000 on top of his $1200 legal fees ($3200 total). Is this accurate or is my attorney trying to screw me?

thanks in advance

I had the same problem. I got invoice for some similar amount. I talked with lawyer and they said that as I had changed my employer recently and this was my first extension with the existing employer USCIS charged as follows:

$1685 for H1 (effective 5/1/05)
$500 for Department of Homeland Security (you do not have to pay this as you are filing for the extension)
$195 for H4

$XXX for Lawyer fees

Also, the lawyer mentioned that during next extension, it will be
185/- for H1
195/- for H4
$XXX for lawyer fees.

Can someone please verify the figures? I think these fees are ridiculous. BEC already screwing us up and now extensions are screwing us up even more.
I would apprecite if anybody can confirm these.

thank you in advance.
GcCovet.
 
H1/H4 Approved yesterday

GCCovet said:
I had the same problem. I got invoice for some similar amount. I talked with lawyer and they said that as I had changed my employer recently and this was my first extension with the existing employer USCIS charged as follows:

$1685 for H1 (effective 5/1/05)
$500 for Department of Homeland Security (you do not have to pay this as you are filing for the extension)
$195 for H4

$XXX for Lawyer fees

Also, the lawyer mentioned that during next extension, it will be
185/- for H1
195/- for H4
$XXX for lawyer fees.

Can someone please verify the figures? I think these fees are ridiculous. BEC already screwing us up and now extensions are screwing us up even more.
I would apprecite if anybody can confirm these.

thank you in advance.
GcCovet.

My lawyer had the employer cut a check for 185$ for my H1 extension for 2 years (6th and 7th year together becasue my Labor had been pending for more than 365 days). I filed for my wife's H4 myself, and attached the money order of 195$.

Couple of years back my lawyer (who handle all immigration cases for my employer) had charged the employer one-time-fee of 3000$ for my H1 processing and 3000$ for GC processing. That's why no further attorney fee this time (I think it is better this way, paying a lump-sump amount, especially when it is coming out of your employer's pocket ;) ).

My H1 case was received at Vermont center on August 02 and my wife's case got there by August 16. Both H1/H4 got approved yesterday (09/14/05) together, i got the automatic e-mails as I had registered on USCIS's website for the alerts.

Feel free to throw your questions and i would be glad to be of any assistance. Thanks Guys and good luck.
 
Question

Congrat for getting your H1/H4 Approved.

My Lawyer have applied for my 7th Yr H1 extension. My wife is on H1B i want to apply for her H4. Lawyer is asking for $900 which my employer does not want to pay. Can you tell me procedure to apply for H4, or link on web site where i can do find some information. One important note my wife employer is not paying for her as she is on bench. I need to pay her employer to get latest pay stubs.

GCkiTalash said:
My lawyer had the employer cut a check for 185$ for my H1 extension for 2 years (6th and 7th year together becasue my Labor had been pending for more than 365 days). I filed for my wife's H4 myself, and attached the money order of 195$.

Couple of years back my lawyer (who handle all immigration cases for my employer) had charged the employer one-time-fee of 3000$ for my H1 processing and 3000$ for GC processing. That's why no further attorney fee this time (I think it is better this way, paying a lump-sump amount, especially when it is coming out of your employer's pocket ;) ).

My H1 case was received at Vermont center on August 02 and my wife's case got there by August 16. Both H1/H4 got approved yesterday (09/14/05) together, i got the automatic e-mails as I had registered on USCIS's website for the alerts.

Feel free to throw your questions and i would be glad to be of any assistance. Thanks Guys and good luck.
 
H1/H4 Visa Approved

My H1 case got approved today as I too got an approval mail from USCIS center which I had subscribed. It was filed on July 29th for both me and my wife.

Atleast H1 approvals are being given fast. :)

GCkiTalash said:
My lawyer had the employer cut a check for 185$ for my H1 extension for 2 years (6th and 7th year together becasue my Labor had been pending for more than 365 days). I filed for my wife's H4 myself, and attached the money order of 195$.

Couple of years back my lawyer (who handle all immigration cases for my employer) had charged the employer one-time-fee of 3000$ for my H1 processing and 3000$ for GC processing. That's why no further attorney fee this time (I think it is better this way, paying a lump-sump amount, especially when it is coming out of your employer's pocket ;) ).

My H1 case was received at Vermont center on August 02 and my wife's case got there by August 16. Both H1/H4 got approved yesterday (09/14/05) together, i got the automatic e-mails as I had registered on USCIS's website for the alerts.

Feel free to throw your questions and i would be glad to be of any assistance. Thanks Guys and good luck.
 
900$ for filing H4 is ridiculous, you could do it by yourself. Here is the URL where you can get more information about I539 and instructions as well:

http://uscis.gov/graphics/formsfee/forms/i-539.htm

Just follow the instructions with the form, and make sure that you attach every document that it asks for (it will save you from going into Request For Evidence (RFE) kind of stupid things).

You would have to pay the employer to get her pay stubs. I guess we are living around blood suckers!!

All the best!!
 
Thanks you very much GCKiTalash

So we need latest pay stubs to convert from H1B to H4.

GCkiTalash said:
900$ for filing H4 is ridiculous, you could do it by yourself. Here is the URL where you can get more information about I539 and instructions as well:

http://uscis.gov/graphics/formsfee/forms/i-539.htm

Just follow the instructions with the form, and make sure that you attach every document that it asks for (it will save you from going into Request For Evidence (RFE) kind of stupid things).

You would have to pay the employer to get her pay stubs. I guess we are living around blood suckers!!

All the best!!
 
GCkiTalash said:
My lawyer had the employer cut a check for 185$ for my H1 extension for 2 years (6th and 7th year together becasue my Labor had been pending for more than 365 days). I filed for my wife's H4 myself, and attached the money order of 195$.

Couple of years back my lawyer (who handle all immigration cases for my employer) had charged the employer one-time-fee of 3000$ for my H1 processing and 3000$ for GC processing. That's why no further attorney fee this time (I think it is better this way, paying a lump-sump amount, especially when it is coming out of your employer's pocket ;) ).

My H1 case was received at Vermont center on August 02 and my wife's case got there by August 16. Both H1/H4 got approved yesterday (09/14/05) together, i got the automatic e-mails as I had registered on USCIS's website for the alerts.


Feel free to throw your questions and i would be glad to be of any assistance. Thanks Guys and good luck.


Hi GCkiTalash or any Gurus;

I have a question. My lawer applied for my 7th yr Ext this month and I have a foregin masters, I was informed by the lawer that to file the extn my credentials need to be evaluated. It sounded ridiculous to me because I have been working in US for the past 6 years and to me it did not make any sense that USCIS (they did not ask for it so far)is going to ask for credential at this point to extend my H1 since I have a labor pending for more than 365 days with BEC. what is your opinion on that

Thanks in advance
 
Last edited by a moderator:
My lawyer filed the H1B extension to the Nebraska office in Aug. Anyone out here who got an approval lately from Nebraska office? Just want to know realistically what are they currently approving.
 
My lawyer didn't ask for any degrees evaluation. 7th year extension with the same employer should be the simplest one, because you are already authorized by the USCIS to work for the same employer. If you are stuck with this attroney then you better follow his advice, or check with any other attorney if your company is willing to do that.
 
Thank you GCkiTalash

GCkiTalash said:
My lawyer didn't ask for any degrees evaluation. 7th year extension with the same employer should be the simplest one, because you are already authorized by the USCIS to work for the same employer. If you are stuck with this attroney then you better follow his advice, or check with any other attorney if your company is willing to do that.

Hi GCkiTalash

That is what I thought. Any way thank you very much for the clarification
 
H1 7 yr extension for dependent

Hi Guru,

I need some advice here, My H1 is gonna be expried in late Oct. But I am never apply LC since I am using as dependent from my husband 485 when he filed in 03. Now the question is since the old 485 and 140 is in AAO, he filed a new 140 in July but since the cutoff date for 485 is earlier than his lac PD so we can't file the second 485 yet. Can i extend my H1 base on the pending 485 in AAO ?

Thank in advance.
 
3 year H1 extension after 1140 approval

Is it possible to get a 3 year H1 extension after I140 has been approved but cannot file I485 because of retrogression. I have heard conflicting versions about this, some people have said H1 ext cannot be extended for more than one year at a time whereas others have told me that you can get a three year H1 extension if I140 has been approved but cannot file I485 because of retrogression. Which is correct.

Can someone point me to any DOL or USCIS web sites which has more info.
 
GC_from_NJ please help!

GC_from_NJ said:
My H1 case got approved today as I too got an approval mail from USCIS center which I had subscribed. It was filed on July 29th for both me and my wife.

Atleast H1 approvals are being given fast. :)

GC_from_NJ,
My attorney recenlty applied for H1 & H4(for spouse) 7th Yr. Extension. How can I subscribe to USCIS mail? Any info will be highly apprreciated.

Regards.
GCCovet.
 
It is True

PdFeb03 said:
Is it possible to get a 3 year H1 extension after I140 has been approved but cannot file I485 because of retrogression. I have heard conflicting versions about this, some people have said H1 ext cannot be extended for more than one year at a time whereas others have told me that you can get a three year H1 extension if I140 has been approved but cannot file I485 because of retrogression. Which is correct.

Can someone point me to any DOL or USCIS web sites which has more info.

If a persons I-140 has approved and I-485 has not been filed due to Retro, that person can get 1 (one) H1 extension for 3 Yr. period (after 6th yr. of H1) . AFter the 3yr. extension he again falls back to 1 yr. extensions till some status is reached on 485 (approved or Denied).
I dont have the website handy with me , but I remember visiting a link and reading the info, some fellow sufferer had posted in the forum.

Good luck
 
Information

GCCovet,

You have to go to the following link: http://immihelp.com/timings/tracking.jsp
where you give your case # and then create a login for yourself. Once you have created it then you should be able to subscribe to the status of your application.

Hope this info. helps !!

GCCovet said:
GC_from_NJ,
My attorney recenlty applied for H1 & H4(for spouse) 7th Yr. Extension. How can I subscribe to USCIS mail? Any info will be highly apprreciated.

Regards.
GCCovet.
 
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