h1b 7th yr extension - 1 yr or 3 yrs?

[reapit]

Hi

Please advise if my case qualifies for 1 yr extension or 3 yr extension after 6 yr on H1b

• Mar09- applied 7th yr extension based on Approved LC and applied I-140
• Apr09- I-140 approved
• May09 – Received RFE on H1 extension, replied along with a copy of Approved I-140 hoping to get 3 yrs extension
• Jul09 – Received approval on H1X extension for 1 year


Please advise.

Thanks,
Bikash

 

[Concerned4us]

I don't understand the problem. Your timeline indicates that you received an extension. Just file again at the appropriate time if another is needed.

 

[reapit]

Hi,

Its a bit complicated because my case was approved in Jul'09 with petition valid till june'09 (date in the past) .


let me give my case background again in details.

* LC applied in oct'07
* I-140 applied in May'08 after LC approval
* 6th yr on H1 ended in June 08
* had to return India since my LC < 1 yr and I-140 was not approved
* Attorney suggested to apply my 7th yr extension from India once my LC is one yr old (i.e. Oct'08)
• Mar09- applied 7th yr extension based on Approved LC and applied I-140
• Apr09- I-140 approved
• May09 – Received RFE on H1 extension, replied along with a copy of Approved I-140 hoping to get 3 yrs extension
• Jul09 – Received approval on H1X extension for 1 year with petition valid till Jun'09 (1 yr extension)

My question is that since at the time of filling my extension my I-140 was not approved, do i still have a ground to get 3 yr extension?

If yes i might file for an appeal.....

pls advise...



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