help please--anyone suggest on this situation

[485tester1]

One of my friends H1 is getting expired on Jun 4th 2002 and Visa is getting expired on jun 11th 2002.He applied for labor on Jun 4th of 2001.
and till now labor didn\'t get approval yet and it\'s not moving at all.
His applications got moved from SESA to DOL on Jan 8th 2002.
So do he needs to go out of US and stay for one year and come back.
Any suggestions please.it is very important.
Thanks.

 

[milli]

my understanding is

you must have applied for I140 to qualify for the 7yr extension....so if he gets his labor approved and apply for I140(have its receipt notice) before June 4th he can apply for the 7th year extension...Otherwise he has to leave the country.....again this is my understanding and not a legal advice.......

 

[Jim Mills]

Are you positive that the H-1 period will expire when you think it will

People often miscalculate the date their 6 year period will expire. Speak to your attorney regarding this matter.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/

 

[485tester1]

thank you for ur response.

 

 

[s guru]

Do not misguide

Hello Friend do not misguide people.
The provison says either EDD or I 140. Why? some cases no need of EDD and DOL. You can apply straint away I 140. If EDD is 365 days old, he can apply for 7th year extension.

 

[milli]

s guru!! IMHO whatever people say here is not to be taken as accurate

as you must always consult with an attorney.....I\'d clearly mentioned it as just my understanding of law and not a legal advise.....Now coming back to the issue, I reiterate you do not qualify for the 7th yr extension just because your labor is more than 365 days old. You must have applied for I140 also to qualify.

The law clearly says:

If a labor certification is required, it must have been filed 365 days ago, and an I-140 immigrant visa petition must be filed, in order to benefit from this provision. If a labor certification is not required, then the I-140 petition must have been filed at least 365 days before the end of the 6 year stay. The types of cases where a labor certification is NOT required before the filing of the I-140 immigrant visa petition are extraordinary ability alien, outstanding researchers, national interest waivers and multinational manager/executive petitions.