H1B 7th year extension while BEC pending

Thanks for the info. Delicateone , looks like you and me are sailing in the same boat. My labor was also filed this year, Jan 2005. I heard from my lawyer on Friday(Oct 14th), no 45 day letter yet. Looks like we have looooong way to go. :confused: :(

Delicateone said:
I paid
$185/- regular H1b fee
+ $750/- additional fee for first time (one time) filing H1b Extension
+ Attorney Charges (varies)

$750/- if your comapny has less than 25 employees on current payroll
$1500/- if your comapny has more than 25 employees on current payroll
fee based on the Omnibus Appropriations Act of 2005

If I will need 8th , 9th or 10th year extension in future with the same employer then I will pay
$185/- regular H1b fee
+ Attorney Charges (varies)

But if I will change my job while on H1b Extension and file for new labor etc. with new employer then I will be subject to this additional fee. I am not planning to do anything like this, I pray everyday hopefully I will get my green card with this present employer only. I don't know anything about changing job while on H1b Extension
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powerman said:
Congrets GCCovet,

Same period I applied but I didn't get receipt yet, whould please give me more details, like what service center did you applied? how much form fees did you pay...like H1/H4 plus any extra ? any idea why mine is taking long to get the receipt, mine is with same company.

Thx and appreciate your reply
Click to expand...

Service Center= SRC
Fees = (Depends on the size of the company you work with) but legal fees at least are 185/- I-129 (H1)
195/- I-529 (H4)
Lawer's fees : NNN/--
Check previous posts for fees pertaining to smaller companies.
If you have been with the same company and this is your second extension then you/your company should not have to pay extra fees that USCIS has imposed (500$).
 
Definitions

1) EAC -- Vermont Service Center

2) WAC --California Service Center

3) LIN -- Nebraska Service Center

4) SRC --Texas Service Center
 
To All Fellow PBEC Sufferers

Friends,

For those who are stuck in Phili BEC mess:

Only way to get out of this PBEC mess is to send letters:

------------------------------------------------------------------

Here is the sample letter:

RE: REQUEST FOR CONGRESSIONAL INQUIRY INTO PERMANENT LABOR CERTIFICATION APPLICATION

Dear Sir/Madam,

I write to you for help with the Permanent Labor Certification Application process with the Department of Labor (DOL). After years, most of us are waiting for adjudication without access to any information about our case. My attempts to gather any insight into a potential resolution have repeatedly run into a wall of red tape. With the reorganization of the DOL into the newly created Backlog Elimination Centers (BEC) this lack of transparency has become worse. On repeated occasions I have contacted DOL and have not received a satisfactory response to my inquiries. As you can imagine, this never ending wait puts my life and my family’s life on hold.

The final stake in the heart seems to be recent phenomenon highlighting that all of us stuck in the Philadelphia BEC are the unluckiest of the lot. It is ironical that we must provide excellent service to our customers while receiving such services from our service providers without any recourse available to us.

As a legal, tax-paying and productive member of society, my career and my spouses working status is stalled by this seemingly never ending unfair wait in the American legal immigration system and is very discouraging and possibly detrimental to the interest of the American global economy in the 21st century.

I will be very grateful for your help in this matter and would appreciate it if I could get fair and timely adjudication in this process but in the absence of this at least get an answer about the status and expected timing for adjudication of my case from the DOL.


Thanking you,
Sincerely,



Your Name
Your Address

------------------------------------------------------------------------

CC:

The Honorable Elaine L. Chao
Secretary of U.S. Department of Labor
200 Constitution Ave, NW
Washington, DC 20210

Emily Stover DeRocco
Assistant Secretary
Employment and Training Agency
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210

Gordon S. Heddell, Inspector General
George J. Opfer, Deputy Inspector General
Office of Inspector General
200 Constitution Avenue, NW
Room S-5502
Washington, DC 20210

OIG Hotline: Report Fraud, Waste, and Abuse
200 Constitution Avenue, NW
Room S-5506
Washington, DC 20210
Telephone: (202) 693-6999 or 1-800-347-3756




US department of labor.
ETA
1 Belmont AVE, suite 200
Bala cynwya, PA 19004

Judicial Watch, Inc.
P.O. Box 44444
Washington, D.C. 20026

Immigration, Border Security and Citizenship Committee
Members, Staff and Contact Information
139 Dirksen Senate Office Building
Washington, DC 20510

Senator Leahy
433 Russell Senate Office Bldg
(at Constitution and Delaware)
United States Senate
Washington, DC 20510
(202) 224-4242

Senator Hatch
104 Hart Office Building
Washington, DC 20510
Tel: (202) 224-5251
Fax: (202) 224-6331

Senator Dianne Feinstein
United States Senate
One Post Street, Suite 2450
San Francisco, CA 94104
Or call (415) 393-0707
Fax (415) 393-0710

Sen. Chuck Grassley
135 Hart Senate Office Building
Washington, DC 20510-1501


---------------------------

Also join this forum to support the efforts:

http://groups.yahoo.com/group/PBEC_Labor_Victims/

---------------------------


come on guys, lets join to together.

I wish good luck to everyone.

Chandra.
 
Vermont Service Center

Hello Friends,

How long it is taking to process the H1B extension at Vermont Service Center?

I have to apply for 7th year H1 extension.

Any Rough idea?

Thanks
 
It took a month for me to get my 7th year extension.

PCChandra said:
Hello Friends,

How long it is taking to process the H1B extension at Vermont Service Center?

I have to apply for 7th year H1 extension.

Any Rough idea?

Thanks
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Can I file PERM through a new company while my LC is pending at DBEC?

Dear Gurus!

I have been stuck with the DBEC for a very long time. My PD is July 2002 wth EB3 in TX RIR but still no news on the LC. My 45 day letter was rpelied in end of January 2005.

I am thinking of filing a new PERM application using a different company but maybe in the same job function in EB2 category?

My questions to you all are:
1. Is it possible to file a new LC via PERM through a different employer while my current LC is pending with my current employer?
2. I am on the 6th year of my H1b. Will the new PERM LC be valid after 6th year and can I continue with my 140 & 485 after PERM is approved?
3. Will the filing of this PERM app from a different employer effect my current LC in any adverse way?

As I understand LC is for future job and even if my current H1b is from current employer I should be able to file and continue with my GC process through a new employer that will give me a future job offer. My intention is to continue with my current employer by extending my H1b beyond 6th year and also running the other GC process in parallel until one of them is approved.

Any response will be immensely appreciated!

Thanks,
KUmarash
 
Kumarash,

1. Yes it is possible to file a new LC via PERM through a different employer. It should not effect your existing LC with the current employer.

2. Your new LC will be valid after 6th year and you should be able to file for your 140 & 485. You should not quit your current employer till your new LC is approved.

3. No. It will not effect your current application.

You can cross check it with your immigration lawyer.

Kumarash said:
Dear Gurus!

I have been stuck with the DBEC for a very long time. My PD is July 2002 wth EB3 in TX RIR but still no news on the LC. My 45 day letter was rpelied in end of January 2005.

I am thinking of filing a new PERM application using a different company but maybe in the same job function in EB2 category?

My questions to you all are:
1. Is it possible to file a new LC via PERM through a different employer while my current LC is pending with my current employer?
2. I am on the 6th year of my H1b. Will the new PERM LC be valid after 6th year and can I continue with my 140 & 485 after PERM is approved?
3. Will the filing of this PERM app from a different employer effect my current LC in any adverse way?

As I understand LC is for future job and even if my current H1b is from current employer I should be able to file and continue with my GC process through a new employer that will give me a future job offer. My intention is to continue with my current employer by extending my H1b beyond 6th year and also running the other GC process in parallel until one of them is approved.

Any response will be immensely appreciated!

Thanks,
KUmarash
Click to expand...
 
GC_from_NJ,

My situation is similar to Kumarash, but in my case, I will be transferring to a different location about 3 hours away, within the same state. However I will still be in the same company, just a different department, and location.

The lawyers (who are hired by the company), said that this is not adviseable as they thought it is risky to move because the pending LC *might* not be used for H-1B renewal if I move.

Is this true, or are they being too cautious?

sbg
 
Dear GC_from_NJ,

Thanks a lot for your great insight. I just have a follow up question:

Now that I'm in the 6th year of my H1b and if for any reason my employment is terminated with my current company, can the second company(the one which will be filing a new PERM application for me) transfer my H1b visa to its name before 7th year hits?

I am not sure because the rule for 7th year extension is that the LC should be pending for at least 1 year and if I start my PERM now I will not have one full year before my 7th year hits. My 6th year on H1b is expiring in Sept 2006.

In another scenario:
Lets say, my PERM LC & subsequent I140 gets approved with the second employer before the expiry of the 6th year. At that point can i xfer my H1b with the second employer in the event the current employer terminates my job? or do I have to leave the country and wait until I get my 485 cleared?

Can you throw some light?

I really really appreciate your response.

Thanks,
Kumarash




GC_from_NJ said:
Kumarash,

1. Yes it is possible to file a new LC via PERM through a different employer. It should not effect your existing LC with the current employer.

2. Your new LC will be valid after 6th year and you should be able to file for your 140 & 485. You should not quit your current employer till your new LC is approved.

3. No. It will not effect your current application.

You can cross check it with your immigration lawyer.
Click to expand...
 
I have just came to knew from USCIS web that My H1/H4 got approved, Receipt Date: Oct 4, They are going really fast!
 
sbg,

Well I am a IT consultant and I keep travelling from one place to another all year through on projects. However my company is located at NJ from where labor is filed. I don't think you will face problems while filing your H1 extension since you are still working for the same company. This is my personal belief.

I think your lawyer is probably being cautious so that there is no RFE generated if proper proof is not provided.

sbg99 said:
GC_from_NJ,

My situation is similar to Kumarash, but in my case, I will be transferring to a different location about 3 hours away, within the same state. However I will still be in the same company, just a different department, and location.

The lawyers (who are hired by the company), said that this is not adviseable as they thought it is risky to move because the pending LC *might* not be used for H-1B renewal if I move.

Is this true, or are they being too cautious?

sbg
Click to expand...
 
Kumarash,

Your prediction is right. If you get laid off before your second LC is approved then you will NOT be in a position for filing another LC since your 6th year finished by Sept 2006. However you will be able to transfer your H1B and get yearly extensions once your PERM application is approved and 140 is applied. You should also be eligible for the 3 year extensions once 140 is approved.

Good luck !!

Kumarash said:
Dear GC_from_NJ,

Thanks a lot for your great insight. I just have a follow up question:

Now that I'm in the 6th year of my H1b and if for any reason my employment is terminated with my current company, can the second company(the one which will be filing a new PERM application for me) transfer my H1b visa to its name before 7th year hits?

I am not sure because the rule for 7th year extension is that the LC should be pending for at least 1 year and if I start my PERM now I will not have one full year before my 7th year hits. My 6th year on H1b is expiring in Sept 2006.

In another scenario:
Lets say, my PERM LC & subsequent I140 gets approved with the second employer before the expiry of the 6th year. At that point can i xfer my H1b with the second employer in the event the current employer terminates my job? or do I have to leave the country and wait until I get my 485 cleared?

Can you throw some light?

I really really appreciate your response.

Thanks,
Kumarash
Click to expand...
 
What is date of acceptance?

Can someone tell me what is date of acceptance? According to my employer my LC was filed in March 2004, but the 45 day letter says my date of acceptance is June 17th 2004. Is date of acceptance the date they do data entry system or is it receipt date?
 
Hi dcmetro22042,

Congrats!

May I know what are the steps you've taken to file your H1-extention? Did your company file the previaling wage form? Please help! Thanks so much.


dcmetro22042 said:
I got an email from USCIS regarding 129 approval yesterday. Waiting for lawyer to get the approval in hand.
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H1b 7th year extension

Today I got respond to my screen shot from Philly:
There is no information about my case status; they only wrote that my application is pending.
Who can tell me, what dose it mean?
1. No CASE STATUS.
2. It is written: Case source- STATE.
Should it be Regional?
My case was forwarded from Georgia State LOB in July 2003 to Regional LOB.
Please clarify.
Thanks
 
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