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

Please excuse my ignorance and advise ... Can I file for 7th year H1 extension when:
- I am currently on H1 visa, which is expiring next month.
- I485 is pending (concurrent filing; I140/EAD not approved yet) with Receipt date of Dec 04, 2002.
- I cannot prove that Labor Certification (ETA750) was filed more than a year earlier (because of lack of receipt). Thx.
 
rfe on 7th year extension

RFE on 7th year ext.


I have applied for 7th year extension in Premium Processing on Aug 1st 2003. Also asked for extra 6 months more beyond 7th year.... for being out of USA in the H1 six years.

I got an rfe message online tracking with BCIS - vermont.
My attorney recieved a fax saying .... extension is asked for more than allowed time ( 6years)..... and if candidate is employed here and visited india on vacation, those months are not counted. Precisely,

" IT IS THE OPINION OF THIS SERVICE THAT TIME SPENT OUT OF THE UNITED STATES DURING THE VALIDITY PERIOD OF A PETITION MUST BE COUNTED TOWARD THE ALIEN'S MAXIMUM PERIOD OF STAY IN THE US, PROVIDED THAT THE TIME SPENT OUTSIDE OF THE US WAS NOT INTERRUPTIVE OF THE ALLIEN'S EMPLOYMENT IN THE US.pERIODS OF TIME SPENT OUTSIDE OF THE US WHICH ARE CONSIDERED TO BE A NORMAL PART OF WORK YEAR SUCH AS VACATINS, HOLIDAYS, AND WEEKENDS DO NOT INTERRUPT THE ALIEN'S EMPLOYMENT IN THE US SINCE THE ALIEN IS EXPECTED TO BE ABLE TO TAKE TIME OFF DURING THE WORK YEAR.

Does this mean, they donot want give extra 6 months apart from 7th year?

Does any one has same rfe..... please reply urgent.......
 
Hello GoldFish,

You are into your 7th year now.
Can you travel outside the country with that new extened H1 Visa.

Assuming person does not have a EAD or got his/her Green Card yet ?

Let me know,

Thanks
 
Top