Need help and info on 7th year extension

A

amma2002

Registered Users (C)
Hi friends

I need your help and inputs.These questions may sound dumb to some people but I am sure there are some gurus out there in the forum who can give me their valuable comments/suggestions.


Background information:
----------------------
My H-1 6 yrs got completed in Jan 2004 and we applied for 7th year in last November for extension upto Jan 2005 and it has not been approved yet.So, even if it gets approved sometime during next month then I will have H-1 for another few months(to reach Jan2005) and I cannot get married before Jan 2005 due to some family/personal reasons. I was wondering whether we can go for H-1 extension again because 140/485 will still be pending by then(Jan2005) and in which case I cannot bring my spouse even if I get married sometime next year.

My questions are -
-------------------

-Can we go for H-1 extension after 7th year(say 8th year) and upto when(how many times)..can we get it extended until I get my GC?


-What is my deadline/before when should I include my spouse's name in the GC process.FYI., my 140/485/EAD filed on April 5th this year(VSC).


-what do you suggest for me to have my H-1 status along with my 140/485 process in order to be able to bring my dependents to U.S.My mom expired recently and I want to bring my dad here for a visit and just for a change in the situation.

Thanks for your time,

regards,
SK
 
Originally posted by amma2002
Hi friends

I need your help and inputs.These questions may sound dumb to some people but I am sure there are some gurus out there in the forum who can give me their valuable comments/suggestions.


Background information:
----------------------
My H-1 6 yrs got completed in Jan 2004 and we applied for 7th year in last November for extension upto Jan 2005 and it has not been approved yet.So, even if it gets approved sometime during next month then I will have H-1 for another few months(to reach Jan2005) and I cannot get married before Jan 2005 due to some family/personal reasons. I was wondering whether we can go for H-1 extension again because 140/485 will still be pending by then(Jan2005) and in which case I cannot bring my spouse even if I get married sometime next year.

My questions are -
-------------------

-Can we go for H-1 extension after 7th year(say 8th year) and upto when(how many times)..can we get it extended until I get my GC?
----YES ,apply 8th year H1 before 7th year H1 expires

-What is my deadline/before when should I include my spouse's name in the GC process.
-----any day before your I-485 is approved
FYI., my 140/485/EAD filed on April 5th this year(VSC).
----- you have enough time at present I-485 takes 24-30 months for I-485 approval

-what do you suggest for me to have my H-1 status along with my 140/485 process in order to be able to bring my dependents to U.S.
----- maintain H1 status and dont use EAD, one can have I-485 pending and can extend H1 status till I-485 is not approved. based on your H1 status you can bring your depenents on H4 Visa once they are IN US then file I-485, EAD for them with your I-485 filing reciept and I-485 of dependents will be attached with your pending I-485 file.

My mom expired recently and I want to bring my dad here for a visit and just for a change in the situation.
----- Visitor visa depends on Visa officer and it is up to Visa officer to give or deny B1/b2 visa. check the other thread related to B visa
Thanks for your time,

regards,
SK
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Last edited by a moderator:
Hi Ginnu,

Thanks a million for your time and patience in answering all my questions but I do have a few follow up questions.

-Can I Get the 7th/8th/9th(yearly extensions) until the 485 is approved?Some people are saying that we can get the extensiions only until 140 is approved and not until 485 is approved. So, I am kind of confused whether I am allowed to apply for yearly extensions until 140 is approved OR 485 is approved.

-Which receipt(140 receipt or 485 receipt) should I enclose while applying for yearly extensions(8th/9th).


-I have not applied for AP(travel doc) as I applied for 7th year and I heard that if I use AP for re-entry into the country(US) then my H-1 automatically becomes void.The prime intention for not applying for AP is just to have H-1 status with an EAD card so that I will be able to bring my dependents on H-4 and include here before 485.Is it a good idea or do you suggest me to apply for AP as well?


-When 7th year processing takes about 4-6 months(i applied for it in Nov 03 and still haven't heard anything from them) and if stamping at DOS takes another 4-6 months then there's no point in getting it stamped here or applying for yearly extension(s)in regular method because these 2 processes take the entire year!!. Do you suggest me to go for 8th yr in premium as soon as the 7th yr is approved and that gives me another 1 and half year's time on H-1 and enough time for either getting it stamped at DOS or get it stamped in Chennai when I go for a visit to India.


-Did you/anyone come across any feedback/questions/status on getting the 7th/8th/9th stamping in India(Chennai).Is it good to go for stamping in India or get it stamped at DOS for 7th/8th/9th yrs.What do you suggest.What are the required doc's for stamping in India with 7th/8th/9th extensions. Did anyone have hardtime/bad experience with stamping in India(chennai)


-Your informations is highly appreciated and helps me in talking to any attorney and your answers give me a good idea on these issues.

I better stop bothering you with anymore questions.

thanks for your time and help.

regards,
 
Originally posted by amma2002
Hi Ginnu,

Thanks a million for your time and patience in answering all my questions but I do have a few follow up questions.

-Can I Get the 7th/8th/9th(yearly extensions) until the 485 is approved?
----YES
Some people are saying that we can get the extensiions only until 140 is approved and not until 485 is approved.
--that is wrong info, if your I-485 is still pending you can extend H1
So, I am kind of confused whether I am allowed to apply for yearly extensions until 140 is approved OR 485 is approved.
----- Before I-485 gets approved you can apply H1 extensions
-Which receipt(140 receipt or 485 receipt) should I enclose while applying for yearly extensions(8th/9th).
-------- If you have only filed I-140 then I-140 filing reciept, if I-485 is filed and pending then I-485 filing reciept

-I have not applied for AP(travel doc) as I applied for 7th year and I heard that if I use AP for re-entry into the country(US) then my H-1 automatically becomes void.The prime intention for not applying for AP is just to have H-1 status with an EAD card so that I will be able to bring my dependents on H-4 and include here before 485.Is it a good idea or do you suggest me to apply for AP as well?
------- nothing wrong in applying AP and keeping valid AP with you if you have to use AP, FYI you can use AP and still can be on H1 status and can also extend H1 status of you are working with the same employer who filed your latest H1. it is better to enter with H1 visa so no complications, dont use your EAD and maintain H1 status

-When 7th year processing takes about 4-6 months(i applied for it in Nov 03 and still haven't heard anything from them) and if stamping at DOS takes another 4-6 months then there's no point in getting it stamped here or applying for yearly extension(s)in regular method because these 2 processes take the entire year!!. Do you suggest me to go for 8th yr in premium as soon as the 7th yr is approved
----- better file premium so that you can revalidate Visa stamp from DOS in US, consulates out of US are creating problems for H1 H4 Visa stamp
and that gives me another 1 and half year's time on H-1 and enough time for either getting it stamped at DOS or get it stamped in Chennai when I go for a visit to India.
---- better get Visa revalidated from DOS in US, Chennai and Bombay are creating problems

-Did you/anyone come across any feedback/questions/status on getting the 7th/8th/9th stamping in India(Chennai).Is it good to go for stamping in India or get it stamped at DOS for 7th/8th/9th yrs.
----DOS is better

What do you suggest.What are the required doc's for stamping in India with 7th/8th/9th extensions. Did anyone have hardtime/bad experience with stamping in India(chennai)
-----Many have hard time and they need truck load of documents, read or search other threads

-Your informations is highly appreciated and helps me in talking to any attorney and your answers give me a good idea on these issues.

I better stop bothering you with anymore questions.

thanks for your time and help.

regards,
Click to expand...
 
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