H1B 7th year extension while BEC pending

[gcforwhat]

My 9th year extension is still pending . More than month now.

 

[whenwilliget]

Good Luck

Keep checking everyday. I guess, u shd see it in < 7-10 days, with the rate they are approving h1s. since the cap has arrived & cleared, i guess, guys in that office are pretty much free and may be bz in approving the renewals. once again, good luck to you and to all who waiting for their renewal.

I checked my status and it shows that it is taking anywhere between 90 - 150 days to renew. So I guess I will wait out the period.

 

[powerman]

Thanks Buddy,

I know I am eligible for only one year ext. but my lawyer wrote three year on form i-129 page 3, col 8. Date intended Employment.

Do you think if I submit as is, it raise any query? or they just approve for one year.

7th year extension means asking INS to grant you extension of 1 year after your 6 years are over. You can ask for 3 years of extension if your 140 is pending when your 6 years are over. In my case they have asked for 1 year increment.
Your lawyer should be the best person to ask for this query.

 

[MDwatch]

Thanks Buddy,

I know I am eligible for only one year ext. but my lawyer wrote three year on form i-129 page 3, col 8. Date intended Employment.

Do you think if I submit as is, it raise any query? or they just approve for one year.

I don't know if you are from one of the retrogressed country but here is something I found on http://www.immigration-law.com/Archive XI.html

06/17/2005: Visa Number Unavailability or Retrogression and Helpful Information for Survival

* When the visa number is unavailable for him/her either because of the total unavailability of the visa numbers for everyone in certain category such as the situation for EB-3 during July, August, and September 2005 or when the visa number is generally available but because of the cutoff date, one's priority date is far from the cutoff date, there are two consequences taking place depending at what stage he or she is in for the green card process. For those who have already submitted EB-485 applications, it means that the USCIS will not be able to conclude his/her application during the period of visa unavailability and the USCIS will just store the application and wait for the visa number availability for him or her until it becomes available. For those who are still at the stage of labor certification application, it means that even if he/she get the labor certification approval, he/she will not be able to file a EB-485 application during such period and consequently no EAD or Advance Parole will be available as well. Accordingly, people should keep in mind a few rules in the immigration laws that can help them to survive during such period or in the long journey to the green card target mark. Following are a few tips they may want to keep in mind:
* Availability of H-1B Extension Beyond 6-Year Limit in 3-Year increment: H-1B extension beyond six year limit is available only in one-year increment for those whose visa numbers are available and who has filed a labor certification application and passed 365 days before reaching the 6-year limit. However, the rule is different for those who need extension of H-1B petition pending the labor certification application or petition or application and for whom visa number is not available. During the period of the visa number unavailable for him/her, he or she is eligible for H-1B extension in three-year increment. This difference can be important to the employers because of the outrageously expensive H-1B filing fees and cost.

I hope this help

 

[powerman]

Thanks MDwatch,

I m from India, and my labor pending more than 2 yrs (pd June 2003), so I am not correcting anything on form, let USCIS calculate the period..either one or three ext.

 

[immi24]

I don't know if you are from one of the retrogressed country but here is something I found on http://www.immigration-law.com/Archive XI.html

06/17/2005: Visa Number Unavailability or Retrogression and Helpful Information for Survival

* Availability of H-1B Extension Beyond 6-Year Limit in 3-Year increment: H-1B extension beyond six year limit is available only in one-year increment for those whose visa numbers are available and who has filed a labor certification application and passed 365 days before reaching the 6-year limit. However, the rule is different for those who need extension of H-1B petition pending the labor certification application or petition or application and for whom visa number is not available. During the period of the visa number unavailable for him/her, he or she is eligible for H-1B extension in three-year increment. This difference can be important to the employers because of the outrageously expensive H-1B filing fees and cost.

I hope this help

That is helpful information.

Thanks for publishing it.

 

[GC_from_NJ]

Powerman,

You should just let USCIS decide how many years of extension they will give. But my best guess is they will probably grant you a 1 year extension since you have not cleared your LC yet.

Keep me updated.

Thanks Buddy,

I know I am eligible for only one year ext. but my lawyer wrote three year on form i-129 page 3, col 8. Date intended Employment.

Do you think if I submit as is, it raise any query? or they just approve for one year.

 

[patience13]

Question on pending H1 extn and travel

Hi gurus,

My H1-B 7th yr extension is yet to come. Meanwhile my wife is planning to travel to India in Nov( she is on H4). Our I-94 has expired and we are keeping the validity status based on the H1/H4 extension filing Receipt. Now my question is can my wife travel out of US without getting the extension approved (say if it didn't come by Nov) and travel back to US later once the approval letter comes and Visa is stamped?

Anybody had similar situation ?

Thanks

 

[whenwilliget]

i guess so

i guess she shd be able to leave this country but for re-entering her passport must be stamped. if her travel plans are sure, better book the appointment now itself, especially for chennai.

my guess, is you may get the renewed papers, b4 she leaves.
Good Luck.

Hi gurus,

My H1-B 7th yr extension is yet to come. Meanwhile my wife is planning to travel to India in Nov( she is on H4). Our I-94 has expired and we are keeping the validity status based on the H1/H4 extension filing Receipt. Now my question is can my wife travel out of US without getting the extension approved (say if it didn't come by Nov) and travel back to US later once the approval letter comes and Visa is stamped?

Anybody had similar situation ?

Thanks

 

[whenwilliget]

your lc status ?

Couldnt control my curiosity .. in spite of seeing your 'dont ask'

You must have got your lc buddy ..

CA-State:Mar'02-Regional:May-45days letter replied .. and yours' is in DBEC.
my friend's case:
CA-State:Jun'02-regional:May-no 45 days letter and in DBEC, was approved in June05.
my case:
CA-State:jun'02-regional:may-45days letter during feb and struck in PBEC

Hi gurus,

My H1-B 7th yr extension is yet to come. Meanwhile my wife is planning to travel to India in Nov( she is on H4). Our I-94 has expired and we are keeping the validity status based on the H1/H4 extension filing Receipt. Now my question is can my wife travel out of US without getting the extension approved (say if it didn't come by Nov) and travel back to US later once the approval letter comes and Visa is stamped?

Anybody had similar situation ?

Thanks

 

[patience13]

Couldnt control my curiosity .. in spite of seeing your 'dont ask'

You must have got your lc buddy ..

CA-State:Mar'02-Regional:May-45days letter replied .. and yours' is in DBEC.
my friend's case:
CA-State:Jun'02-regional:May-no 45 days letter and in DBEC, was approved in June05.
my case:
CA-State:jun'02-regional:may-45days letter during feb and struck in PBEC

-------------
No, I'm stuck at Status "RIR" when I checked in early July.. Don't know what's holding it.

 

[Immqry]

H1-B 7th year extension by Future Employer

My Current H-1B is With Company X which is valid upt Nov 2006.
6 year Limit of my current H-1B Expires in Nov 2006.
Company X is not willing to sponsor my Labor certification.

Another Company Y has filed for my Labor Certification in April 2004 which is pending for more than 365 Days.

If my labor is not approved before my current H-1 Expires,
Can I get my Current H-1B Extened for 7th Year or untill my Labour is approved...???

If Yes Who has to File For Extension , Company X or Company Y..??

Can I work for Company for Company X after 6-Year H-1B Limit..??

Is it Possible that they can File for 3-year Extension. or only 1-year ..??

 

[GC_from_NJ]

Company X cannot extend your visa beyond 6 years since you don't have a LCA with them. However if you plan to join Company Y before 6 years expire then they can file for your 7th year extension.

Company Y can file extensions of 1 year till you get your LC cleared. In I-140 stage they can file for a 3 year extension period till it is cleared.

You can verify the above information with Company Y lawyer to be on the safe side. These are plainly my views.

My Current H-1B is With Company X which is valid upt Nov 2006.
6 year Limit of my current H-1B Expires in Nov 2006.
Company X is not willing to sponsor my Labor certification.

Another Company Y has filed for my Labor Certification in April 2004 which is pending for more than 365 Days.

If my labor is not approved before my current H-1 Expires,
Can I get my Current H-1B Extened for 7th Year or untill my Labour is approved...???

If Yes Who has to File For Extension , Company X or Company Y..??

Can I work for Company for Company X after 6-Year H-1B Limit..??

Is it Possible that they can File for 3-year Extension. or only 1-year ..??

 

[ehmm2]

government filing fees

My lawyers are filing for my extension this week. Lets see how much time it takes for me to get the extension.

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

 

[powerman]

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

As per my Lawyer, no need to pay any extra fees, just only I-129 fee $185 for yourself (h1b) and I-539 Fee $195 for your depended (H4), Total: $380 plus whatever Lawyer Charge for preparing your H1/H4.

This is for 7th year h1-b extension continuing with same company.

 

[kgp]

Approved WITHOUT 45 Day letter

whenwilliget,

You mentioned that your friend's case was Approved WITHOUT 45 Day letter.
Is it true or typo on your part.

This is what you mentioned in your posting:
"my friend's case:
CA-State:Jun'02-regional:May-no 45 days letter and in DBEC, was approved in June05."

Couldnt control my curiosity .. in spite of seeing your 'dont ask'

You must have got your lc buddy ..

CA-State:Mar'02-Regional:May-45days letter replied .. and yours' is in DBEC.
my friend's case:
CA-State:Jun'02-regional:May-no 45 days letter and in DBEC, was approved in June05.
my case:
CA-State:jun'02-regional:may-45days letter during feb and struck in PBEC

 

[sandy_13apr]

Need help

Hi,
Need help folks. I was in company A and filed my labor and then after 1 year I moved to company B and filed my labor again through new company B.

Now I am planning to go back to my previous company A. I need to transfer h1b back to comapny A but can I use my company A's labor for 7th year extension and gc process which was filed before leaving.

Please reply, waiting for your help.

thanks,
Sandy

 

[juntha]

Hello you all. Hope you are doing well. I am happy to see things are moving along with PBEC... althou not fast enough i have to admit.
Anyhow, as many of you know, i was on my way out of the country 2 months ago but things turned out ok after all. It seems that everyone is working hard not to make me lose my LC application but it s turning into a headache for me to figure out how the INS will take the change.
Here s the problem: My company A who sponsored me, changed name (became company C) and got a company B (much bigger than company A) as partner. Company B is taking care of the financing and my paycheck. Which means that i am receiving paycheck with company B name on it. I am about to send a letter to the BCIS telling them that my company reorganized without lay-off, changed name and location, i will also tell them that company C is partner in the new company and will take care of my paycheck.
Do you think this is gonna go ok with them ?

The other possibility would be to transfert my H1b to Company C but with less than a year left on my h1b visa, i doubt that PERM will go throu by then (end mid june 2006).

What do you think

 

[whenwilliget]

correction

i should have properly pharsed in my previous posting. sorry.

My friend is not aware of any 45 days letter. My company may have received it and didnt tell him. As far as he is concerned, no 45 days letter, but lc approved.

whenwilliget,

You mentioned that your friend's case was Approved WITHOUT 45 Day letter.
Is it true or typo on your part.

This is what you mentioned in your posting:
"my friend's case:
CA-State:Jun'02-regional:May-no 45 days letter and in DBEC, was approved in June05."

 

[GC_from_NJ]

Sandy,

You should be able to use your Company A's labor to file for 7th year extension since LCA is for future employment. Once you join Company A then you are legally an employee of A and should not face problems while applying for the extension.

Hi,
Need help folks. I was in company A and filed my labor and then after 1 year I moved to company B and filed my labor again through new company B.

Now I am planning to go back to my previous company A. I need to transfer h1b back to comapny A but can I use my company A's labor for 7th year extension and gc process which was filed before leaving.

Please reply, waiting for your help.

thanks,
Sandy