LC/I-140 & 7th year extension

saravanans

Registered Users (C)
I am working for Company-A in California and started my LC in Jun 2003. My H1-B six year term expires on Oct 1, 2004.

Now I am planning to join Company-B and start my LC from Iowa next month ( by Nov 15, 2003). As per the current processing times in Iowa/Chicago, I should receive the approved LC ( if everything goes well ) by May 2004. Then say, I apply for I-140/485 concurrently in May/Jun 2004 in Nebraska itself. I know that I-140 will not be completed before my H1-B sixth year expiry date Oct 1, 2004.

1) Since the whole process starts in/after Nov 15, 2003 and my H1-B six year term expires on Oct 1, 2004, I cannot take advantage of the "LC or I-140 pending for 365 days" for 7th year H1-B extension, right?

2) Can I apply for the 7th year H1-B extension based on my approved LC alone even though it was started only in Nov 2003?

3) I heard that even if none of the papers are pending for 365 days, we can still apply for seventh year H1-B extension, based on the I-140 receipt ( not the approval ). Is it possible?

4) If none of this works out, if I come back to Company-A again, will my LC started in Jun 2003 be still valid, based on which I can apply for my 7th year extension?

I appreciate your help.

Thanks in advance,
Saravanan
 

saigc

Registered Users (C)
I am working for Company-A in California and started my LC in Jun 2003. My H1-B six year term expires on Oct 1, 2004.

Now I am planning to join Company-B and start my LC from Iowa next month ( by Nov 15, 2003). As per the current processing times in Iowa/Chicago, I should receive the approved LC ( if everything goes well ) by May 2004. Then say, I apply for I-140/485 concurrently in May/Jun 2004 in Nebraska itself. I know that I-140 will not be completed before my H1-B sixth year expiry date Oct 1, 2004.

1) Since the whole process starts in/after Nov 15, 2003 and my H1-B six year term expires on Oct 1, 2004, I cannot take advantage of the "LC or I-140 pending for 365 days" for 7th year H1-B extension, right?
based on the new companys labor you cant claim ac21 7th year. BUT if the old/current employer does not cancel or use labor that were filed on jun 2003 you can use that for your 7th year extension which you need cooperation from your current/old employer
2) Can I apply for the 7th year H1-B extension based on my approved LC alone even though it was started only in Nov 2003?
no. assuming that you start labor from the new company by nov 15th then based on the current processing time you should have your labor done by may 2004 and then you file i140 & i485 concurrently by beginning of june. once you do that you will get your ead/iead by oct 2004
3) I heard that even if none of the papers are pending for 365 days, we can still apply for seventh year H1-B extension, based on the I-140 receipt ( not the approval ). Is it possible?
NO
4) If none of this works out, if I come back to Company-A again, will my LC started in Jun 2003 be still valid, based on which I can apply for my 7th year extension?
yes. you dont even have to join company-a again to use 7th year extension. only catch is that labor should available or active - not cancelled or used for someone else
 

minn_labor

Registered Users (C)
if you are able to file your I-I40/I-485 with your new employer before OCt 2004 or before your H1-B expires you will not be out of status. The only problem is that you won't be able to work until you get your EAD.
 

ginnu

Registered Users (C)
Murthy posting is old interpretation, one can file 7year H1 extension based on ANY employer LC if that was filed 365 days back and you have the evidence to prove it like SESA letter or SWA letter that has case PD date and case #
 

saravanans

Registered Users (C)
Ginnu is right

I think Ginnu is right. I found this one on Murty.com Chat site:



**************
Chat User : Can someone who has got his 7th-year H1B extension from a company quit that company and apply for an LC from a different company? The new company will do a new H-1.

Attorney Murthy : According to a BCIS Memo, a person is allowed to use the filing of the LC with one employer to file an H1B 7th-year extension with a different employer. Then, one could start a new LC filing with the new employer for the future job offer, and work based on the H1B filing under H1B portability rules.
**************
 

armie

Registered Users (C)
A word of caution to the OP. While Iowa LC process is faster, of later there has been a lot of queries from DoL.
 

saravanans

Registered Users (C)
Filing in Iowa next week

Armie,

Thanks for your input.

You mean Chicago DOL is sending the queries? Did you or any of your friends applied through Iowa got any queries? Can you please tell me what kind of queries were they and when did they file?

Thanks,
Saravanan
 

usindian2004

Registered Users (C)
Please help !

Saravanans,

I have some personal query to ask u ? could u please , able to email me at hellofromusa2001@yahoo.com ..??

Thanks !
 
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