Great News for the people who are looking to file extensions beyond 6 years..
http://www.murthy.com/news/n_h1bext.html
http://www.murthy.com/news/n_h1bext.html
H1B Extensions under AC21 may be Filed Earlier!
- Thread starter gp111
- Start date
DeepPurple
Registered Users (C)
Between hell and deepsea
My DOL recieved date is 6-20-2004. And my H1B runs(6 year) out in March of 2006. The way things are going with SFO DOL, I don't expect my labor to be approved before June of 2005. In this case How will I apply for the 7th year extension?.
If I understand it correctly, ACT21 says "one can extend the H1B in one year terms if an LC or I140 application is pending for more than 365 days".
In my case, say DOL approves( big assumption, but say they do
) my LC in July of 2005. I won't be eligibile to apply for an H1B extension before October of 2005(6 month prior condition) and even if I apply for I140 in July-2005, I will not be able to apply for extension prior to July 2006. But my H1B runs out in March of 2006. So am I doomed? or is there a way out?
I have question regarding this.gp111 said:
My DOL recieved date is 6-20-2004. And my H1B runs(6 year) out in March of 2006. The way things are going with SFO DOL, I don't expect my labor to be approved before June of 2005. In this case How will I apply for the 7th year extension?.
If I understand it correctly, ACT21 says "one can extend the H1B in one year terms if an LC or I140 application is pending for more than 365 days".
In my case, say DOL approves( big assumption, but say they do
) my LC in July of 2005. I won't be eligibile to apply for an H1B extension before October of 2005(6 month prior condition) and even if I apply for I140 in July-2005, I will not be able to apply for extension prior to July 2006. But my H1B runs out in March of 2006. So am I doomed? or is there a way out?DeepPurple said:I have question regarding this.
My DOL recieved date is 6-20-2004. And my H1B runs(6 year) out in March of 2006. The way things are going with SFO DOL, I don't expect my labor to be approved before June of 2005. In this case How will I apply for the 7th year extension?.
If I understand it correctly, ACT21 says "one can extend the H1B in one year terms if an LC or I140 application is pending for more than 365 days".
In my case, say DOL approves( big assumption, but say they do
Your LC is pending for 6 months, so you are already eligible for H1B extensions, so what is the problem ?
DeepPurple
Registered Users (C)
Yes, as of NOW I'm eligible for extension. However I can't apply for extension now because law says I can apply for extension only 6 months prior to the expiry date( My 6 year term expires on March of 2006). So, technically, I will be able to apply for a 7th year term extension only after September of 2005.
Now looking at the scenario in my earlier post, let us say DOL approves my labour in June-july of 2005 and I apply for I140 in july/August-2005. Under what basis will I be able to apply for a 7th year extension, because By September 2005, I WILL NOT have an LC pending( as DOL would have already approved) and my I140 would be pending for only 60 days( filed in July/august-2005).
Am i missing something here or am I totally misinterpretting?
Now looking at the scenario in my earlier post, let us say DOL approves my labour in June-july of 2005 and I apply for I140 in july/August-2005. Under what basis will I be able to apply for a 7th year extension, because By September 2005, I WILL NOT have an LC pending( as DOL would have already approved) and my I140 would be pending for only 60 days( filed in July/august-2005).
Am i missing something here or am I totally misinterpretting?
DeepPurple
Registered Users (C)
thanks guys..