h1b extension

G

ganeshmks

New Member
I have applied for my labor (part of my GC process) in June 2004. My six year tenure is ending july 2005. I'm planning to travel to India feb 1st. My visa expired on april 30,2004 and I have to get my new visa stamped this time.
I'm planning to apply for my h1 extension. Is it possible to apply for h1 extension right now (premium processing) and use it to get my visa stamped in chennai consulate? my visa appointment is on feb 22. I don't know if you can apply for h1b extension at this point. If I don't apply for visa extension then I can get a visa for only until july 2005. Please advise
 
ganeshmks said:
I have applied for my labor (part of my GC process) in June 2004.
My six year tenure is ending july 2005.
I'm planning to travel to India feb 1st.
My visa expired on april 30,2004 and I have to get my new visa stamped this time.
I'm planning to apply for my h1 extension. Is it possible to apply for h1 extension right now (premium processing) and use it to get my visa stamped in chennai consulate? my visa appointment is on feb 22. I don't know if you can apply for h1b extension at this point.
----- I dont think you are eligible for 7th year extension at this time, let your pending LC hit 365 days
If I don't apply for visa extension then I can get a visa for only until july 2005.
---- that is correct and once you are back wait your LC pending for more than 365 days and then file 7th year H1 extension BEFORE your I-94 gets expire, talk to your lawyer
Please advise
Click to expand...

------- LC for you is filed in June 2004 and you hit 6 years on July 2005, what you need to do is check the LC filing reciept that lawyer gets from SWA after they recive the LC, that reciept has your PD on it and count 365 days from that date then only you become eligible to apply for 7th year H1 extension based on LC pending MORE THAN 365 days
 
Yes. My question is do I have to wait until july 2005 to apply for my extension?
Usually you can apply for your h1 extension within six months before your visa expires. Is that the same case for 7th year extension as well?
 
Recently USCIS is rejecting 7th year H-1 extension, if you apply before the 365 days from your Labor PD. So, you can only apply for 7th year extension after 365 days have passed.

ganeshmks said:
Yes. My question is do I have to wait until july 2005 to apply for my extension?
Usually you can apply for your h1 extension within six months before your visa expires. Is that the same case for 7th year extension as well?
Click to expand...
 
ganeshmks said:
Yes. My question is do I have to wait until july 2005 to apply for my extension?
Usually you can apply for your h1 extension within six months before your visa expires.
--YES you can file if your LC PD(LC pending more than 365 days and you attach the Evidence)
Is that the same case for 7th year extension as well?
--yes
Click to expand...
 
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