Have you applied for 7th Year H1-B Extention?

G

GoldFish

Registered Users (C)
Has anyone applied for 7th Year H1-B extention under the new law. I have applied for this under premium processing and received RFE. It looks like the official in INS who sent the letter to the attorney did not know anything about 7th Year extention at all. So we had to fax the info about the new law that was signed by the President recently. I want to see if there are more cases like this.

I have completed 365 days since the filing of Greencard labor application and am eligible for 7th year extention.

Thanks in advance for sharing your information.
 
My attorney has filed for 7th year extension of my H-1B just a couple a days ago. I haven't heard back anything from the INS yet. I guess it will take couple of weeks, even before I get a receipt notice.

By the way how long did it take you to get the RFE once your extension was filed? And what is this "premium processing"?

Thank you in advance.

mhsoor
:)
 
Last edited by a moderator:
It took one week after the filing. Premium processing is faster compared to the regular processing. It takes only two weeks.
 
Hi GoldFish,
Can you please tell me when you applied for the extension?
I have applied on 11th Dec and was curious to know how long it is taking for premium processing.

Thanks,
 
Premium processing should not take more than 15 days. But if they send RFE, it will be totally 3 to 4 weeks if you send evidence quickly.

I applied on 25th of November. Yours should be approved by 27th Dec if they don't send RFE. All the best!
 
Thank You for the update GoldFish.
I have left the country in JULY after my 6yr term expired, I will keep posted if I receive any RFE.
 
Hi,

How is the 365 days calculated.

Is it from the date of filing the labor certification application in the SESA office, located in the state of working.

What sort of additional documents do you provide to INS when applied for 7th year H1, please
 
The 365 days start fromthe date of filing at SESA.
I am not sure what additional documents are required, since it was done by my company attorney.
 
rjr is right. The documents you need to submit are the same that you would for any H1 petition. It helps to enclose details of the new law for 7th year.
 
Evidence of LC filing.

GoldFish : What evidence did you provide the INS that you filed for an LC at least 365 days prior to the extension request.

My LC has been submitted with Georgia SESA but the attorney says that SESA is not generating any receipt notices. I guess we need some kind of an acknowledgement to establish that the LC was submitted and accepted on a certain date. I am sure INS doesn't accept WORD of MOUTH. Really confused here.
 
I know of one thing for sure, Send the new law, since GoldFish got that RFE and even I got the same RFE asking about how i will qualify for the 7th year, so my attorney had to send the INS about the new law.

GoldFish can you please let me know how long it took you to get the approval after you replied the RFE?
 
Last edited by a moderator:
Goldfish, Rjr,

Where can I find the new law for the 7th year ext. I am planning to apply for the 7th year ext.

Thanks in advance
 
RJR , GOLDFISH :

I understand that sending a copy of the new law to INS in response to RFE helps you prove yours grounds for application.

What I asked for is what EVIDENCE did you provide to the INS to prove that you INDEED applied for a labor certification 365 days prior to applying for the 7th year extension. I mean did you sumbit a receipt notice of your Labor Certification or something similar to that with your H1-B extension paperwork.

Thanks
 
1. Proof that you have completed one year since the filing of Labor application is the receipt they send. This is what the attorney used in my case. I know some states do not provide this, I don't understand why. Once they receive your application, the day they enter it to their system is the priority date. Check with your attorney, there has to be a way to apply for the 7th year extention.

2. Information about 7th year extention law is all over the place. Check with your attorney or search for it on Google.
 
Last edited by a moderator:
Yeah, my attorney got the receipt within two weeks. My extension was filed on Dec 4th 2002 and it was received by INS on Dec 10th 2002.

My attorney got the receipt notice on Dec 16th 2002.

I got a fax copy of the receipt notice from my attorney. I have got my case # as well.

It is taking about 90-120 days for processing extension.

Check with your attorney when did they file your extension.

Hope it helps.

mhsoor
 
My H1 expired on 13th Jan 2003. Filed for H1-B 7th year extension on the 8th of January 2003. Still waiting to receive the receipt notice. did not apply for premium processing. The company would not be willing. Thinking back I should have probably shelled out the $1000 from my pocket.

My LC got approved in Dec. I have filed I-140 and I-485 concurrently.
 
Hello GoldFish,
I have filed for the seventh year extension. But yet to get an approval. I see you got the H-1B approval. Could you please answer the following two questions for me?

Did you get your seventh year H1b extension while you were out of USA?

Do you have an official letter from DOL saying you have filed for LC an year ago?

Thanks
 
Sorry for the late reply. I saw your questions only today.

Did you get your seventh year H1b extension while you were out of USA?

No, I was in US.

Do you have an official letter from DOL saying you have filed for LC an year ago?

No, we just used the receipt we received.
 
You must log in or register to reply here.
Top