H1B extention after 6 years (2045) Approved?

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cool_i_guy,

Sorry for the late response. My wife has her own H1 visa
and she has used it only for two years. So it wasn\'t an issue.

-Apka Mitr
 
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Salirs,

It was at the California Service Center.

Hope this helps.

-Apka Mitr
 
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FYI. H1 and H4 extended using s.2045 beyond 6yrs from VSC.
My H1 extension using s2045 (including H4) was approved on March 19
from VSC. I had applied on Dec 12th and I had asked for 3 more years
I am not sure how long an extension I got. I will know only when I
receive the approval from INS.

good luck to all waiters
 
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Gautum, I am in same boat as you are. We filed for 7th year h1 & h4 extension at VSC RD 17 Jan 01, and waiting to hear back from VSC. You can contact me rc_1998@hotmail.com. I also read at murthy.com that they are not processing these applications for 7th year ext.
 
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My 6 year limit is expiring in Dec 2001, can i get the 7th year extention (Labor approved aug 2000 waiting for EB3 to become current)..
If i can get extention, then where do I send the application to and what documents are needed.
 
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H4 extension past the 6-year limit...

My husband\'s H1 visa 6-year limit is coming up in Nov 2001. He does not qualify for S-2045 yet, as his Labor Certification is still pending. I qualify for S-2045 since I have a PD from 1999 (more than one year) and I just applied for my I-140. However, I still have 2 years left on my H1 visa (out of 6 years).

My question is: Since I qualify for S-2045 and since my husband is included in my I-140 application, can he get a H4 visa extension past his 6-years of H1, into the 7th year, based on my process?

Any experiences, suggestions or inputs will be greatly appreciated. Thank you very much.
 
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Hi folks: I am in quite a dilemma.

My 6 years expired in November. I applied for a 7th year H-1 extension at VSC which is still pending. The rule under which I applied was - PD not current and more than 365 days old.

However, now my PD is current (June 97/India/EB3) and my lawyer is saying that my H-1 may not get approved as my PD being current now, I may not get an approval.

Any thoughts about this ? Anyone else in this boat?
 
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Go ahead and just apply 485, get your EAD & Advanced Parole.

The fact that your H1 extention was pending (assuming it was filed in time) means you were in status. You can use the Receipt notice to prove your status for that duration
 
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Hi all.. I have my 6 th yr on my H1 coming up in 2002 August.
But when I recently extended my H1, the INS approved it for another
3 yrs. Is this a mistake on their part?...or has there been any new changes in the 6-yr limit?
I am not sure if i can use that oppurtunity to stay for more than 6 yrs. My attorney say its ok..But i just am not sure.

Can anyone let me know with any information?.

Thanks a lot!
CK99
 
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Kumar: Could you pls give us additional info as to what clause you used ( pending/approved I-140 ?) and what documents your lawyer submitted to get the extension ?

My lawyer still says he has not yet received further instructions about regulations of AC21 law.
 
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Question for Mitr: (Sorry I woke up late on this one)

You mentioned about the H1 extension approval coming in for 2.5 years instead of 1 year and that the attorney said that only 1 year should be used.

1.
Does your attorney feel that it is ok to get the 2.5 year extension stamped onto the passport and use it for overseas travel, but file a timely extension before the 1 year period finishes??

2.
Your attorney probably does not want to file an amendment to get the date corrected... Is he by any chance :) ??

Appreciate your sharing thoughts/advice/experience on this \'overstamped\' situation. Apparently it is not that uncommon. Other folks are also urged to respond.
 
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I am sorry for this late reply.
We sent in a copy of Labor Cert. to show that the PD is more than 1 yr old and I-140 recpt. to show that I-140 is pending. These were in addition to all the other std H1 papers.
Hope this helps.
Regards,
KumarS
 
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I just got my I-140 approved (filing data Nov 20, 2000). I will be into my 7th year H-1B visa from Sept 1, 2001. I donot see any problems in getting this approved. But my question is on the next stage. I am working for one of the Big 5 firms and have not reached the level and salary that was mentioned in my labor certification process. Is this going to be an issue for Counselor Processing in Chennai (everything else is accurate). Could you please let me know. Thanks!
 
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hello,
Case details: EB 3 regular; PD 11/97;country India
my 6yrs of h1 expired in jan 2001. the extension was filed using S.2045 in dec.2000.
my 7th year extension got rejected from csc in the last week of April 2001 even though my Pd is 11/97 and I 140 was pending for more than a year filed in july 99! - I 140 got approved in feb 2001 after 20 months!!. So what "ck72" has posted might be true....because my PD had become current in the month of April.
An appeal was filed by the lawyer immediately..no news yet, and filed I 485, EAD, AP on May 14th....waiting for receipts
hope this helps...
csg.
 
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Deepa,

Do you know if the 7th year extension concept applies also to Consular Processing applicants or is it only for Adjustment Of Status applicants?

To me, from a common sense standpoint, it should apply in both cases CP or AOS and a prominent lawyer also agrees with me. However, all INS memos and related emails always mention AOS when talking about 7th year extensions....

I certainly dont want to cause undue alarm to you, but I am in a similar situation to yours with respect to I140 with CP (not approved yet) and an impending 6yr H1 timelimit, so I wanted to know what you thought or knew.

Thanks,
Bofors
 
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The salary mentioned in your labor certification is "Intended", i am sure it will not effect your CP, i have a friend who was in similar situation, when he got his GC through CP. What my friend says is, Company can give a supporting letter saying why u are paid less... explaining the Job Market conditions.. etc..
 
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