Is extension possible? Pl help

A

arouncoumar

Registered Users (C)
My 6 yrs expire Jun'06. PERM will be filed for me only on Oct'05. Why I didnt get to file for labor before Jun'05 is complicated to explain now.

1. As I wont have 1 yr pending on my labor, 7th yr extension is not possible. So, what are my options now? I'm thinking the only way out is to find a pre-approved labor with a PD earlier than Jun'05.

2. Would it be possible to a get 7th yr extension if my PERM is approved by Dec'05. I guess not. But would like to clarify.

3. This one's a little surprising. My lawyer told us y'day an extension is also possible if you have a labor approved + 90 days elapsed after filing I140. Haven't read about this anywhere? So, wanted to gather more info.

please help. Thx
 
Appreciate your repsonse. So, the 3rd option recommended is just not possible, right? I guess its time now to start looking for a pre-approved labor.
 
unitednations said:
however, service centers are approving 140's pretty quickly. it is possible that your 140 would get approved within three months.
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I think that might be risky if I dont have backup. Say, I get my PERM approved Jan'06 and it leaves me till Jun'06 to get I140 approved. Thats 6 months. Good if it comes within that timeframe. If not, I've to leave US

unitednations said:
i've given you other options, don't know why you would go for substitute labor.
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Umm.. I didnt quite understand the first time. I will talk to my HR/Lawyers and see what they have to say about this. I'm sure they will think you're nuts :) If that works, then by the time my 8th yr extn is due, I cud use the PERM labor as the PD would've be Oct'05 and more than 365+ days.

I'll get back to you as to what my lawyers think.
 
7th year extension

Hey UnitedNation,

My 6th year going to finish on sept 2006

1) I have applied my PERM on 2 Sept 2005, lets assume that it gets rejected.
2)I can apply my PERM with other company and it gets APPROVED , but that will be in my 6th year.

3) As we know labor should be applied before 365 day.

4)IF my labor and I-140 gets approved before my 6th year limit finishes,
WILL i be elgible for 3 years Extension on H1

Thanks
Sam
 
Hi Unitednations,

I chaned my employer 4 months before nearing 6th yr and got 7th Yr & 8th Yr extn's based on the LC pending for more than 365 days with my Prev. Employer.

I heard we can file PERM now in 8th Yr also and request 3-yr's extn once PERM LC & I-140 is approved. ..

Can you pls reply to my question..

Thanks ...
 
arouncoumar said:
I'll get back to you as to what my lawyers think.
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UnitedNations.. The lawyers are working too slow. Thats why the delay. So, here it goes. They haven't tried this before as expected and not sure if its gonna fly. But they are gonna do it. The problem is they will do it only 6 months before H1's 6th yr expiration. The way I read AC21 memo below doesnt necessarily say any 6 month window. It says you can file as long as your labour's pending 365 days when H1's 6th yr expiration comes. And the one I'm going to use is pending that reqd time. Whats your opinion?


Extract from AC21 memo. Pg:8 of http://uscis.gov/graphics/lawsregs/handbook/AC21intrm051205.pdf

How early can a request for an H-1B extension beyond the 6th year be filed?

The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
​
 
arouncoumar said:
I'll get back to you as to what my lawyers think.
Click to expand...

UnitedNations.. The lawyers are working too slow. Thats why the delay. So, here it goes. They haven't tried this before as expected and not sure if its gonna fly. But they are gonna do it. The problem is they will do it only 6 months before H1's 6th yr expiration. The way I read AC21 memo below doesnt necessarily say any 6 month window. It says you can file as long as your labour's pending 365 days when H1's 6th yr expiration comes. And the one I'm going to use is pending that reqd time. Whats your opinion?


Extract from AC21 memo. Pg:8 of http://uscis.gov/graphics/lawsregs/handbook/AC21intrm051205.pdf

How early can a request for an H-1B extension beyond the 6th year be filed?

The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
​
 
I-140 and Lay off chances (Completing 6 year in Jan2K7)

Hi friends

I really appreciate if you could advice me in my case. I am working for XXX company on H-1 for the past 3 and half years. Last April 25, 2006 my I-140 was filed. XXX company I used to work, merged with another BBB company. All our servers are moved to BBB company location. Now my employer is asked me to leave. I requested them to reconsider it. Otherwise it will going to effect my family life and I worked for this company very hard for last 3 and half years. I am expecting my I-140 results in August 2006 (Under the impression of current process). Now they are considering to be full time employee untill I-140 approval. After I-140 approval they asked me to work part time. If my I-140 appoved, can I transfer my visa to another company do I need to file GC from Scratch? My Six year period of H-1 visa expires on Jan 2007. What would be the best. My questions are
Is it legal to file another H-1 depend on I-140 approval?
When an employee can join another employer after I-140 appoved?. Is there any time limit?.
What would be the best thing to do in my situation

Thanks
 
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