Labor filing & 7th year extension. Please clarify

G

gd_1976

New Member
Hello,
Let me explain my problem right away without wasting any time. :)

I came to US in June of 1999. I joined a new job this January and they have agreed to process my GC. I came to know this week.

Important points:-
My 6th year is getting over in June, 2005.
My new H1 transfer is valid till January 2007.

Questiions:-

1. If my company files my labor on August 15th:-
1. Should I have to go back to India in June next year(irrespective of my H1 validity due to completion of 6 years)

2. If I need to go back to India in June, is there any way I can come back on August 15th next year(The labor would be pending for a year and i am eligible
for 7th year extension). If so, what should I do?

3. I am going to India in October, would I face any problem because of my H1 validity beyond my 6 years tenure?

Please clarify my questions


Let me know if you need more information.
My company & I are based in Philadelphia, PA/

Thanks.
 
Please CHeck with your attorney... I am writting from what I know.


1. If my company files my labor on August 15th:-
1. Should I have to go back to India in June next year(irrespective of my H1 validity due to completion of 6 years)

#### NO YOU DONT HAVE TO AS YOUR I-94 is UP TO JAN 2007 & So is your H1 Status, by luck you got the H1 Extension already & it is legal.



2. If I need to go back to India in June, is there any way I can come back on August 15th next year(The labor would be pending for a year and i am eligible for 7th year extension). If so, what should I do?
3. I am going to India in October, would I face any problem because of my H1 validity beyond my 6 years tenure?


### I think you do not have to go back. If you need to go back to India just get your New Visa Stamped which will be valid for travelling up to Jan 2007...


As I said before I got this knowledge from couple of people with same experience but to be sure please talk to Attorney.
 
Thanks gp111.

I heard couple of people saying that I might face some problem (when I go to US consulate in Chennai) like, consulate may send back the Visa notifying ins of their mistake and requesting them to correct it. THis might delay my entry into US considerably.

2. If I need to go back to India in June 2005, is there any way I can come back on August 15th, 2005 (The labor would be pending for a year and i am eligible for 7th year extension). If so, what should I do?

Can any of you clarify thse?
 
gd_1976 said:
Hello,
Let me explain my problem right away without wasting any time. :)

I came to US in June of 1999. I joined a new job this January and they have agreed to process my GC. I came to know this week.

Important points:-
My 6th year is getting over in June, 2005.
My new H1 transfer is valid till January 2007.

Questiions:-

1. If my company files my labor on August 15th:-
1. Should I have to go back to India in June next year(irrespective of my H1 validity due to completion of 6 years)

2. If I need to go back to India in June, is there any way I can come back on August 15th next year(The labor would be pending for a year and i am eligible
for 7th year extension). If so, what should I do?

3. I am going to India in October, would I face any problem because of my H1 validity beyond my 6 years tenure?

Please clarify my questions


Let me know if you need more information.
My company & I are based in Philadelphia, PA/

Thanks.
Click to expand...


I am in similar situation and want to understnad the 7th year extension rule.

I will complete 6 years in August 2005 hence I only have 11 more months left to complete 6 years. I am planning to change my employer because of some issues with my current employer. If my new employer files for my LC somtime in October 2004, will I still qulaify for the 7th year extension ? Is the 365 days a very strict criterian or they are felible on case to cases bases.

Suppose my LC gets approved before Aug-2005 will I be able to get the 7th year extension ?

What is th exact criterian for 7th year extension.

I will appriciate your inputs.

Thanks.
 
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