h1b and 7th year ext.

N

nisa2004

Registered Users (C)
Hi all,

My H1B has expired in oct 2003. I have applied for the extension in Sept 2003. I have only 3 months left in the H16yrs limit. I am eligible for the 7th yr ext as my labor is pending. will i get approved only for the 3months left in my 6 years or will I get the 7th Year included ?

Note: proof of filing LC document has NOT been submitted.

any response is appreciated.

Thank you,
Nisa.
 
My H1B has expired in oct 2003. I have applied for the extension in Sept 2003. I have only 3 months left in the H16yrs limit. I am eligible for the 7th yr ext as my labor is pending. will i get approved only for the 3months left in my 6 years or will I get the 7th Year included ?
------ 3 months
Note: proof of filing LC document has NOT been submitted.
------ Immediately contact the lawyer or H.R of your employer and ask for the LC filing receipt that lawyer received from SESA or SWA after filing the LC( go to lawyer who filed LC) on that receipt is the PD of LC filing and case # and your name as beneficiary, you need that as evidence to file 7th year H1 extension if your LC is pending more than 365 days, if LC is not pending more than 365 days you cannot get 7th year H1. if LC is filed 365 days back and you have evidence you can file for 7th year H1 extension even if your H1 extension is still pending just attach the receipt of H1 extension filing and LC filling evidence and request the USCIS to grant 7th year H1 extension. Go to lawyer and seek legal advice
 
Is there any possiblity ??????

Hi
Its complex situation to begin with ,

My H1 B six year period ends in May 2004,my wife has applied for green card throgh NJ which is pending more than 365 days { 500 days }and in IL .Is it possible to get 7 th year extension for me as beneficiary ?

Thanks.
 
mani,

I think you should be able to, but you will need change your status to H4, as you are applying for your 7th year extension based on your wife's 7th year extension on her H1..
 
My H1 B six year period ends in May 2004,my wife has applied for green card through NJ which is pending more than 365 days { 500 days }and in IL .

---- if your wife LC is pending more than 365 days she is eligible to file 7th year H1 extension, she needs evidence that LC was filed 365 days back and the evidence is the receipt that lawyer who filed her LC got receipt of LC filing from SESA or SWA that LC filing receipt has Date when LC was received and the case # and your wife name as beneficiary on it. If lawyer did not receive that receipt then he can any time ask SESA or SWA to send the receipt of LC filing, just attach that evidence with 7th year H1 extension papers and she will get 7th year H1
Is it possible to get 7 th year extension for me as beneficiary ?
----- NO, you cannot get 7th year H1 based on her LC pending more than 365 days, you need your independent LC filed for YOU and pending more than 365 days to get your 7th year H1 extension. You can change to H4 status based on your wife H1 status and should file change of status before your H1 or your I-94 expires. Go to your lawyer
 
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