H1B 7th Year Extension

N

nivje

Registered Users (C)
I read in one of the threads that 7th year extension based on pending LC can be done only if LC was applied before Feb 2005.
In other words, if I apply for LC after Feb 2005, then I cannot extend H1B beyond 6 years.

Is this true?

Thanks
 
If LC is pending more than 365 days then you can file 7th year H1 extension with evidence that LC was filed more than 365 days and evidence is the receipt of LC filing that lawyers gets from SESA or SWA after LC is filed that receipt will have received date, case # and your name as beneficiary on it. Your lawyer who filed LC may have that receipt or check with your employer if he got that filing receipt from lawyer
 
Hi All...Need your help/advise...Here is my situation..I'm on a H1B visa and my wife is here on H4

1. My H1B and my wife's H4 expired on Oct 2nd 2003.
2. I-94 expired on Oct 2003.
2. Applied for both extensions in May 2003.
3. Lawyer some how managed to mess up applications and send my extension to Vermont and wife's extension to Nebraska

Its been close to 9 months now, now news yet! Didn't wan't to go for premium processing as was not in a hurry and hoped it would come in 6 months.

Now here is my question :
My wife may need to travel to India immediately because of her father's health condition. What are my options here? Can she travel without the extension being aprroved? I know she cannot come back until I send her the extended H1B approval and she would have to get new H4 stamping.
Here is what I was planning to do :
1. Apply for premium processing immediately.
2. If she needs to travel before extension being approved, I'll send her the H1B approval notice and she can get new H4 stamped when she is ready to return.

But my concern is:
1. Do I have to apply for 2 separate premium processings(H1B and H4) as both are at different centers?
2. On exit she would need to hand over her expired I-94, would that create a problem on her return?

Please advise !!!

Thanks !!!
 
Hi All...Need your help/advise...Here is my situation. I’m on a H1B visa and my wife is here on H4

1. My H1B and my wife's H4 expired on Oct 2nd 2003.
2. I-94 expired on Oct 2003.
2. Applied for both extensions in May 2003.
------ You both are Safe
3. Lawyer some how managed to mess up applications and send my extension to Vermont and wife's extension to Nebraska
-------- Your lawyer should have sent your wife H4 extension to the service center where your H1 extension was sent or should have sent both H1 and H4 extension in the same package
Its been close to 9 months now, now news yet! Didn't won’t to go for premium processing as was not in a hurry and hoped it would come in 6 months.

Now here is my question :
My wife may need to travel to India immediately because of her father's health condition. What are my options here? Can she travel without the extension being approved? I know she cannot come back until I send her the extended H1B approval and she would have to get new H4 stamping.

------ You are correct and she should keep her H4 extension filing receipt with her when she goes for H4 stamping, show only if Consulate officers asks
Here is what I was planning to do :
1. Apply for premium processing immediately.
-----Do that
2. If she needs to travel before extension being approved, I'll send her the H1B approval notice and she can get new H4 stamped when she is ready to return.
------Correct
But my concern is:
1. Do I have to apply for 2 separate premium processing’s (H1B and H4) as both are at different centers?
----- Apply premium processing for your case as your wife is leaving US and ask the lawyer why he sent H1 and H4 to different service centers?
2. On exit she would need to hand over her expired I-94, would that create a problem on her return?
------ She has to surrender her Expired I-94 and record of her departure will show in USCIS system that she left after I-94 expiry date and that is the reason why I wrote that she should keep H4 extension filing receipt with her when she goes to consulate for H4 stamping and can show by H4 extension receipt that she maintained h4 status by filing H4 extension before her I-94 expiry date ( she should also keep the copy of her I-94 both the sides front and back for future records at home and also should take one copy with her)

**** Why? Why? why ?your lawyer sent H1 extension to different service and H4 extension to different service ask the reason from him and try to fix that problem
 
Please advise

I was on H1B 7th year extension which was valid till Dec 04 and I applied for an H1 transfer on my pending I-485. I got my H1B transfer approved. But the CIS have approved it till Dec 05 (which is almost for 2 years)

I am worried and not happy abt it, Since the extension is for each and every year. Is this a good thing or do I have to inform CIS regarding this. If I have to do something, please inform me what do I have to do next. Thanks in advance

--Vortex.
 
Thanks ginnu for your reply!!! One last question though...
Is there a limit on the number of days my status is valid after I apply for extension??
 
Is there a limit on the number of days my status is valid after I apply for extension??
-----240 days
 
Originally posted by razna
3. Lawyer some how managed to mess up applications and send my extension to Vermont and wife's extension to Nebraska
Click to expand...

Are you in a (big) co. where your residence is in NSC jurisdiction and the HQ is in the VSC jurisdiction.

Your lawyer might have managed to get a blanket permission on behalf of your co. to file at VSC, even though you do not fall under VSC.

Since H4 is a personal issue and not related to the "blanket permission" it might have gone to NSC.
 
Well its the other way round....
My residence is in VSC jurisdiction and the company HQ is in
NSC jurisdiction.
 
It goes to VSC.
But the good news is..I checked the status today and it says that the H1B was approved on 2/26/04. I have asked my attorney to look into the H4 now. Thanks for all your help !!!
 
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