Hypothetical but Critical situation while on 7th yr extension

B

bharatpremi

Registered Users (C)
Dear All,

Here is the hypothetical situation. Employer files for your 7th yr. extension on the basis of '1 yr. early filing of labbor'. Now say for example 7th yr. extension is approved but still labor is not getting approved for further 8 months from the date of 7th yr. extension approval or 'final date of 6th year'. Say for an example, during the 9th month from 7th yr. extension approval, LABOR get approved and company files for I 140 and 485. Now till the end of 7th yr. limit I 140 or 485 do not get approved then in this type of scenerio can employer file for 8th year extension?..

Thanks in advance for any help in understanding this.

- Bharat Premi
 
bharatpremi said:
Dear All,

Here is the hypothetical situation. Employer files for your 7th yr. extension on the basis of '1 yr. early filing of labbor'. Now say for example 7th yr. extension is approved but still labor is not getting approved for further 8 months from the date of 7th yr. extension approval or 'final date of 6th year'. Say for an example, during the 9th month from 7th yr. extension approval, LABOR get approved and company files for I 140 and 485. Now till the end of 7th yr. limit I 140 or 485 do not get approved then in this type of scenerio can employer file for 8th year extension?..
---------- H1 extension can also be applied if I-140 is pending or I-485 is pending
Thanks in advance for any help in understanding this.

- Bharat Premi
Click to expand...
 
How about this...
My labor cert was pending for 2 years. It got approved and after that I-140 was approved. I chose consular processing and am waiting for p3. My H1 expires Jan 2005 and I have neither I140 pending nor I485 pending.
Am I eligible for 7th year extension?
 
Hi Emailraja,

I am in almost same boat as you are. My 140 approved, case created at NVC. My 6yrs expiring in Mar'2005 and mst probably interview would be after/near around that, so need 7th year extension.

Did u get any answer if we (CPiers) can also file 7th yr extension?

What does your attorney say on this? Did you already applied for 7th yr extension, if so when?
 
my lawyer applied for extension last month. He's out of town next week or so. One thing I'm uncertain about is if my 6 year limit expires with the H1 in Jan 2005 because I entered on H1 for the first time in Feb 2000. Some people say that's when the clock begins. I was under the impression that the clock begins on the approval date on the I797.
 
emailraja said:
my lawyer applied for extension last month. He's out of town next week or so. One thing I'm uncertain about is if my 6 year limit expires with the H1 in Jan 2005 because I entered on H1 for the first time in Feb 2000. Some people say that's when the clock begins. I was under the impression that the clock begins on the approval date on the I797.
Click to expand...


I think from the day you entered into this country.
 
Hi Ginnu,

As always thanks for your quick response.

Now Your Answer :

---------- H1 extension can also be applied if I-140 is pending or I-485 is pending

My further query:

Is is sufficient that 'I-140 / 485 should have filed and be pending' while filing for 8th year extension OR there would be some time period limit for filing of I-140/485 for an example I-140 should have been filed X months/days before.. ?

Thanks again for your help in understanding this 'MAYA JAL'

- Bharat Premi
 
bharatpremi said:
Hi Ginnu,

As always thanks for your quick response.

Now Your Answer :

---------- H1 extension can also be applied if I-140 is pending or I-485 is pending

My further query:

Is is sufficient that 'I-140 / 485 should have filed and be pending' while filing for 8th year extension OR there would be some time period limit for filing of I-140/485 for an example I-140 should have been filed X months/days before.. ?
------ just attach I-485 pending reciept if I-485 is filed
Thanks again for your help in understanding this 'MAYA JAL'

- Bharat Premi
Click to expand...
 
( LC Pending > 365 days ) OR ( I-140/I-485 Pending ) THEN H1-B Extension.
Remember you should be eligible at the date of filing.

HTH
 
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