H1B 7th year extension with complication

[yogkc]

I am in following situation and wanted to know if I messed up being ignorant:

After finishing college here in US, I had applied H1B from Company A on Nov 98 and it was approved on March 99 and I worked with them till March 00 till I found better opportunity with Company B.

I transferred my H1B to Company B on March 00 and got the approval till March 03. I applied for extension for the same company and got the approval till Dec 04. While I was with the company, I applied for my Green Card (RIR) on Sept 02. On mutual understanding I decided to leave the company on Dec 03 and the company B was willing to continue my green card processing. **The labor certification has not come yet. I am still in touch with this company and they are willing to help me for further processing. **

I found the consulting firm Company C and applied my H1B transfer on Jan 04 and got the approval on April 04 till Dec 06 (cancelled date Jan 2005). I only worked with them for 3 months.

I found Company D and who applied for the H1B on March 04 and it was approved till June 06. This company is willing to apply for my Green Card as PERM.

My question is will I have problem if I want to apply for 7th year extension (since it is already more than 7 year) and Green Card?

Please shed some light. I would really appreciate. Thanks

 

[great guru]

I am in following situation and wanted to know if I messed up being ignorant:

After finishing college here in US, I had applied H1B from Company A on Nov 98 and it was approved on March 99 and I worked with them till March 00 till I found better opportunity with Company B.

I transferred my H1B to Company B on March 00 and got the approval till March 03. I applied for extension for the same company and got the approval till Dec 04. While I was with the company, I applied for my Green Card (RIR) on Sept 02. On mutual understanding I decided to leave the company on Dec 03 and the company B was willing to continue my green card processing. **The labor certification has not come yet. I am still in touch with this company and they are willing to help me for further processing. **

I found the consulting firm Company C and applied my H1B transfer on Jan 04 and got the approval on April 04 till Dec 06 (cancelled date Jan 2005). I only worked with them for 3 months.

I found Company D and who applied for the H1B on March 04 and it was approved till June 06. This company is willing to apply for my Green Card as PERM.

My question is will I have problem if I want to apply for 7th year extension (since it is already more than 7 year) and Green Card?

You can get 7th, 8th yr , 9th yr , 10th yr extn based on your LC (pending more than 365 days ) through Comp A. In the mean time apply new LC through PERM process. Nothing will affect you unless company A withdraw their LC papers. if they do, you have to go back home country and come back with new h1 after one year, however your GC - PERM with company D can proceed with no problem.

Please shed some light. I would really appreciate. Thanks[/QUOTE

 

[gchelp999]

guru - help me

I have about 1 yr left for 6 yr completion. My lab/GC stuff was filed a yr back and I got my EAD. but now I am sensing some problems with the employer and 140 might stuck. Should I file another labor PERM/preapproved lab and then join other employer. Do I have to file labor 365 days before even if it is perm. Is that the only condition for 7th yr extension? or it also is valid if 140 is pending - I am taking about the new case i.e. say I get PERM approval/ OR if I use some pre approved labor and then file 140/485.

Do I have to leave my present company? or can I continue filing of TWO 485's at the same time and then depending upon whichever comes first - I drop the other one i.e. after receving one approval? Any thoughts/advise!!

 

[yogkc]

Thanks for your response Great Guru. I am feeling better after I read your posting. The reason for my worry is that the lawyer told me that I may have the problem since 6 years quota of H1B was finished in Nov 2004.


My last lawyer have requested H1B till June 06 and they gave it. Do you think the lawyer who did my last H1B screwed up whole thing. If you say 'I DON'T NEED TO WORRY' then I won't have more question for you

Thanks again

 

[great guru]

Thanks for your response Great Guru. I am feeling better after I read your posting. The reason for my worry is that the lawyer told me that I may have the problem since 6 years quota of H1B was finished in Nov 2004.

How can an attorney gives such a advise since you have your LC pending?

Wait some body will post Q&A session of that attorney

My last lawyer have requested H1B till June 06 and they gave it. Do you think the lawyer who did my last H1B screwed up whole thing.
I am not getting, what you are bringing here?
If you say 'I DON'T NEED TO WORRY' then I won't have more question for you

Thanks again

 

[great guru]

I have about 1 yr left for 6 yr completion. My lab/GC stuff was filed a yr back and I got my EAD. but now I am sensing some problems with the employer and 140 might stuck. Should I file another labor PERM/preapproved lab and then join other employer. Do I have to file labor 365 days before even if it is perm. Is that the only condition for 7th yr extension? or it also is valid if 140 is pending - I am taking about the new case i.e. say I get PERM approval/ OR if I use some pre approved labor and then file 140/485.

Make your issue simple, if your present company I 140 get rejected, you will not get any more H1 extn, you have to go back to your home county.

But you put another Labor Cert through PERM immediatley, through company x or Y, it may be helpful if you face problem with your pending LC /I140.

Do I have to leave my present company? or can I continue filing of TWO 485's at the same time and then depending upon whichever comes first - I drop the other one i.e. after receving one approval? Any thoughts/advise!!

 

[gchelp999]

Guru, you are a guru in true sense.

couple of things - I am expecting some response/status on 140 in Oct'05 (may be) and my 6yrs are completing in march'06 (if I was away from US for 3-4 months can I include that also in 6 yrs). Would it be ok if I go for another labor in tha last qtr of this yr - say Dec'05 i.e. giving 140 some reasonable time. OR should I go right away... with PERM - when can I file H1 extension? Or may be you mean it is better to file H1 extension thru' NEW employer - right?

 

[yogkc]

Thanks again guru. My concern was when i apply for the h1b extension....

My last lawyer have requested H1B till June 06 and they gave it. Do you think the lawyer who did my last H1B screwed up whole thing.
I am not getting, what you are bringing here

what i meant was my 6 year of h1b would be completed on Nov 04. But when lawyer filled out the application for the new h1b, he asked till June 06. One of my fren told me that I could be in touble when I apply for 7 year extension (since 6 years of my h1b have already passed).

 

[great guru]

Guru, you are a guru in true sense.

couple of things - I am expecting some response/status on 140 in Oct'05 (may be) and my 6yrs are completing in march'06 (if I was away from US for 3-4 months can I include that also in 6 yrs). YES

Would it be ok if I go for another labor in tha last qtr of this yr - say Dec'05

Do not bother I 140, if it is approved no problem, if not as a back up , do PERM immediately. If the attorney fees is concern , do it yourself.\
i.e. giving 140 some reasonable time. OR should I go right away.. right away . with PERM - when can I file H1 extension? 120 days before expiry Or may be you mean it is better to file H1 extension thru' NEW employer - right? yes, but based on old employer pending LC/I 140

 

[great guru]

Thanks again guru. My concern was when i apply for the h1b extension....



what i meant was my 6 year of h1b would be completed on Nov 04. But when lawyer filled out the application for the new h1b, he asked till June 06. One of my fren told me that I could be in touble when I apply for 7 year extension (since 6 years of my h1b have already passed).

Seems to be some problem, answer specifically to All the Q and dates below?

1. First entry date to US wth H visa?
2. First renewal date and visa validity?
3. Second renewal date and its validity date?
4. If LC was filed, filing date/PD?
5. LC's present status, approved, I 140, BEC etc?

 

[yogkc]

Seems to be some problem, answer specifically to All the Q and dates below?

1. First entry date to US wth H visa?
2. First renewal date and visa validity?
3. Second renewal date and its validity date?
4. If LC was filed, filing date/PD?
5. LC's present status, approved, I 140, BEC etc?

Thanks for all yoru great_guru. I really appreciate yoru help.

- came to US on F1 visa on Jan 1993.
- graduated on May 1997.
- while studying got job offer on Nov 98 (with Company A)
- recieved first H1B - Valid date from March 99 - Nov 2001 (with company A)

- recieved job offer from another company on March 00 (company B)
- applied for h1b transfer on 04/00 - valid date 06/00 - 03/03 (company B)
- reapplied for H1b extension on 01/03- valid date 04/03 - 12/04 (Company B)
--- left the job on 12/03; while with them applied for LC on Sept 02 and they are willing to help me to get green card

- got job offer from another company (company C)
- applied for h1b transfer on 01/04 - valid date till 12/06
only worked with them for 3 months; company withdrew the h1b on 01/05

- got yet another job offer from another company (Company D)
- applied for h1b transfer on 03/04 - valid date 05/04 - 06/06
planning to apply for PERM (company is willing to help me on this)

I tried to give all the info I could. I need to know if I am going to have when i file for h1b extension when it expires on 06/06

and let's say if the LC is approved from Company B, do they need to hire me back to go forward the petition or I can still work with the present company and the process carries on?


Thanks again

 

[great guru]

Thanks for all yoru great_guru. I really appreciate yoru help.

- came to US on F1 visa on Jan 1993.
- graduated on May 1997.
- while studying got job offer on Nov 98 (with Company A)
- recieved first H1B - Valid date from March 99 - Nov 2001 (with company A)

- recieved job offer from another company on March 00 (company B)
- applied for h1b transfer on 04/00 - valid date 06/00 - 03/03 (company B)
- reapplied for H1b extension on 01/03- valid date 04/03 - 12/04 (Company B)
--- left the job on 12/03; while with them applied for LC on Sept 02 and they are willing to help me to get green card

- got job offer from another company (company C)
- applied for h1b transfer on 01/04 - valid date till 12/06
only worked with them for 3 months; company withdrew the h1b on 01/05

- got yet another job offer from another company (Company D)
- applied for h1b transfer on 03/04 - valid date 05/04 - 06/06
planning to apply for PERM (company is willing to help me on this)

I tried to give all the info I could. I need to know if I am going to have when i file for h1b extension when it expires on 06/06 (Since your LC is pending you are legally allowed to stay beyond your 6yrs h1 period)
and let's say if the LC is approved from Company B, do they need to hire me back to go forward the petition (NO, only if it comes to I 485 stage) or I can still work with the present company and the process carries on? YES
If your LC filed on Sep 2003 by Com B is not withdrawn, you are safe. You can exten further by showing the LC beyond Yr 2006. (7th , 8th yr etc) Because of LC you escaped from INS error in approving your H1 beyond 6 yrs, otherwise you are in trouble, though it is INS error
Thanks again

 

[yogkc]

YES
If your LC filed on Sep 2003 by Com B is not withdrawn, you are safe. You can exten further by showing the LC beyond Yr 2006. (7th , 8th yr etc) Because of LC you escaped from INS error in approving your H1 beyond 6 yrs, otherwise you are in trouble, though it is INS error

Guru, Thanks again for your answer. I got one more query on same issue. Will it be still INS fault if my lawyer put the Dates of Intended Employment on Part 5 of the I129 form from 03/2004 to 06/06? Will it still be INS error or it would be my fault? I know I should have been more careful when it was applied.

Seems problems are not going to go away with me. 2005 seems to be worst year i can remember of. I am having problem with h1 and top of that the US embassy in Nepal rejected h4 visa to my wife (i thought h4 visa was easy to get) sorry to stray away fromt he topic.

 

[yogkc]

Guru, i need your advice on the same issue. I just want to make sure wether the lawyer is right or wrong. I have asked my lawyer (Who filed for h1b and green card), he says I am okay becuase I have filed for LC.

here's the 2nd lawyer answer, please help me
________________________________________________________________

1st H1B was applied to through Company A, Inc in Nov 1998. It was certified in March 1999. Got a Valid date till Nov 2001.

Then I switched the company to Company B on March 2000. It was certified on June 2000. Got a Valid date till March 2003. I applied for first LC Sept 2000 and later found out that it was cancelled since Labor Dept didn't get the query. After I found out that on 2002, I reapplied for LC (RIR) on Sept 2002 ( I have no idea where this case is) While I was with this company I went to my country for 7 weeks. This company is willing to help me to get the green card.

Then I applied for extension on March 2003 with the same company. Got a Valid date till Dec 2004. I left this company in Dec 2003.

Then I applied H1B through Company A again on Dec 2003. It was certified in May 2004. Got a Valid date is till Dec 2006. While with this company I worked 3 months (from Jan – March 2004) as a Consultant at present Company C.

Company C was willing to hire me as a Full time Employee so I accepted the job offer on March 04. H1B was applied on March 2004 and it got certified on April 2004. Got a Valid date till June 2006. (went back to my country for 4 weeks)

Do you think I have enough time for the Green Card? If you can assure me I will go ahead and apply thru PERM.
_____________________________________________________________

When I gave this info to the lawyer, here’s what his response is:
It looks like your 6 year period has ended on March 2005. You are about 5 months off that period. However, If you have left the US for 5 months in during different visits in Nepal while on the H1B, We can recapture that time and file for a seventh year extension. In order to do so, you need to have the pending labor from Company B. If you still haven’t received the Labor Receipt, Please have your old company to change the Attorney and get all the paperwork’s of Labor to Our Law Firm, than we can check with Labor Dept and find out if your case was even filed. We can get your file from your lawyer, however your old employer has to authorize it. Even doing so, first get all the dates you spent outside the united States during your H1B time, than I can tell you if we can apply for seventh year extension.

 

[gchelp999]

PERM check list!

Guru, you said if lawyer fee is of concern... then file it yourself. What does that mean? Can I file labor myself w/o attorney. Is it possible? HOW?
Are you saying that all I need the prospective employer's letter/signature and then to forward it to labor dept? Any check list for a PERM filing labor.

 

[great guru]

Guru, you said if lawyer fee is of concern... then file it yourself. What does that mean? Can I file labor myself w/o attorney. Is it possible? YES HOW?
Are you saying that all I need the prospective employer's letter/signature and then to forward it to labor dept?

If you are going to do it on line, your employer has to open an account on line. www.dol.gov.
But you have to read all the procedures in the same site about, how to put advt, get prevailing wages etc. Before start you need atleast 40 hours of thorough reading and understanding of PERM process is important.
Same site go and download a PERM application form and go through it to understand.Any check list for a PERM filing labor.

 

[yogkc]

guru, any more suggestions for me?

 

[great guru]

Guru, Thanks again for your answer. I got one more query on same issue. Will it be still INS fault if my lawyer put the Dates of Intended Employment on Part 5 of the I129 form from 03/2004 to 06/06? Will it still be INS error or it would be my fault? I know I should have been more careful when it was applied.

Seems problems are not going to go away with me. 2005 seems to be worst year i can remember of. I am having problem with h1 and top of that the US embassy in Nepal rejected h4 visa to my wife (i thought h4 visa was easy to get) sorry to stray away fromt he topic.

What was the reason for H4 rejection?

 

[great guru]

Guru, i need your advice on the same issue. I just want to make sure wether the lawyer is right or wrong. I have asked my lawyer (Who filed for h1b and green card), he says I am okay becuase I have filed for LC.

here's the 2nd lawyer answer, please help me
________________________________________________________________

1st H1B was applied to through Company A, Inc in Nov 1998. It was certified in March 1999. Got a Valid date till Nov 2001.

Then I switched the company to Company B on March 2000. It was certified on June 2000. Got a Valid date till March 2003. I applied for first LC Sept 2000 and later found out that it was cancelled since Labor Dept didn't get the query. After I found out that on 2002, I reapplied for LC (RIR) on Sept 2002 ( I have no idea where this case is) While I was with this company I went to my country for 7 weeks. This company is willing to help me to get the green card.

Then I applied for extension on March 2003 with the same company. Got a Valid date till Dec 2004. I left this company in Dec 2003.

Then I applied H1B through Company A again on Dec 2003. It was certified in May 2004. Got a Valid date is till Dec 2006. While with this company I worked 3 months (from Jan – March 2004) as a Consultant at present Company C.

Company C was willing to hire me as a Full time Employee so I accepted the job offer on March 04. H1B was applied on March 2004 and it got certified on April 2004. Got a Valid date till June 2006. (went back to my country for 4 weeks)

Do you think I have enough time for the Green Card? If you can assure me I will go ahead and apply thru PERM.
_____________________________________________________________

When I gave this info to the lawyer, here’s what his response is:
It looks like your 6 year period has ended on March 2005. You are about 5 months off that period. However, If you have left the US for 5 months in during different visits in Nepal while on the H1B, We can recapture that time and file for a seventh year extension. In order to do so, you need to have the pending labor from Company B. If you still haven’t received the Labor Receipt, Please have your old company to change the Attorney and get all the paperwork’s of Labor to Our Law Firm, than we can check with Labor Dept and find out if your case was even filed. We can get your file from your lawyer, however your old employer has to authorize it. Even doing so, first get all the dates you spent outside the united States during your H1B time, than I can tell you if we can apply for seventh year extension.

Attorney is correct. First of all you must check in white & black, whether your LC are ever filed and have PD letter. If you do not see it from your own eyes, what ever the recommendation we give based on pending LC holds no water. And your status is in a great risk.

 

[yogkc]

What was the reason for H4 rejection?

They handed her paper stating Section 212(a)(6) c- presented fraudulent documents

They told her that she had fraudulent paper (10+2 certificate) when she applied for F1 (a year ago) She showed them the original paper and they are still insisted its fraudulent paper. She has appointment on Wednesday where she is going to verify her 10+2 certificate and after that she will call the embassy for next appointment. This thing doesn’t make sense to me. She is studying BBS (Bachelor) with the same documents. Can we ask embassy where they called to verify the documents?

The thing I don’t understand is that she is applying for H4 visa this time and why would they check her previous application. Any help would be appreciated.

My wife says she is confident she can prove them wrong on this matter. Let’s see what happens.