Philadelphia Backlog Elimination Center Tracking

[JPMC]

You don't have to leave the country, you will be fine...

I m in 7th year H1B. 8th year extension is pending. My 1-94/H1B expires in Mar 2006. If I do not get the 8th year approved before Mar 2006; Do I have to leave the country?

Hi Justdoit....

You can ask your employer/attorney to file your 8th year extension (btw you can file it before 6 months of your H1b expiration); once it is filed and even if it is passed Mar 2006...you will be fine...and you will get the approval, anyway...

 

[NJ Oct02-PD]

Worry less

A person who files a good-faith and valid H1B, while still maintaining H1B status, is allowed to stay and work for the sponsoring employer, for at least 240 days or about 8 months while the H1-B extension is pending. I, myself is in 7th year H1-B as well, my expiration day will be March 2006 too. I am going to wait for next two VISA bulletin to see if the EB2 shall be in the retrogression; so I will be able to extend my H1-B for a 3-year increment instead of the one-year increment. I know it sounds pathetic but that shall save me some attorney fee and money so probably I will be able to spend it on a plasma TV.

I m in 7th year H1B. 8th year extension is pending. My 1-94/H1B expires in Mar 2006. If I do not get the 8th year approved before Mar 2006; Do I have to leave the country?

 

[lcaNY]

You are ok if you have the EAC receipt number

Why do you think your 8th year H-1B will not be approved?
For your records, ask your company lawyer to send you the EAC receipt number and H-1B 8th year extension application filed date.
Everything will be ok, as long as you are holding to your current job, even if your 8th year approval comes after Mar 06.

I m in 7th year H1B. 8th year extension is pending. My 1-94/H1B expires in Mar 2006. If I do not get the 8th year approved before Mar 2006; Do I have to leave the country?

 

[md_alien]

Jan 2006 Visa Bulletin is Out

No significant changes slight movements forward. Which is good.


All Areas
Except CH IN ME PH

EB1 C 01JAN02 01JUL03 C C
EB2 C 01JUN01 01JAN01 C C
EB3 01APR01 01APR01 01JUN99 01MAR01 01APR01

 

[sfmars]

A person who files a good-faith and valid H1B, while still maintaining H1B status, is allowed to stay and work for the sponsoring employer, for at least 240 days or about 8 months while the H1-B extension is pending. I, myself is in 7th year H1-B as well, my expiration day will be March 2006 too. I am going to wait for next two VISA bulletin to see if the EB2 shall be in the retrogression; so I will be able to extend my H1-B for a 3-year increment instead of the one-year increment. I know it sounds pathetic but that shall save me some attorney fee and money so probably I will be able to spend it on a plasma TV.

But if INS declines to approve 8th year and you are working based on the 240 days rule (after expiration of your current H1 status), this period of staying in US will be considered as ILLEGAL.

This is current gap in the law. That's why many of people file premium processing.

 

[GCTitan]

Dude my case was transferred from Atlanta too.There has'nt been a single approval from those transferred from Atlanta DOL except for the only special handling case.(I am talking aboout this forum).Also i have not heard about a single approval in my company in the last 1.5 years.Sorry to say this..but I think Atlanta folks are pretty badly screwed.

I am holding E-1 Visa and applied for green card.

Eta number P-05013-2****

Case submitted in Atlanta, GA. by C.T. October 02, 2003.

Date of Acceptance for Processing: October 06, 2003

45 Days letter continuation letter posted by Philadelphia BEC: September 15, 2005

Confirmation faxed back by applicant: September 22, 2005

Called BEC on December 09, 2005 (484)-270-1500 and they acknowledged receipt of continuation letter but are not allowed to give out any timeframes for next processing steps. Anybody more news on processing dates?

 

[GoodCard]

Extreme case

An extreme case that happenned in my office- one of my colleagues had his H-1B visa expiring on Dec 01, 05. But the company lawyers waited till the last possible date - November 30th to file the papers for extension. Yes! exactly one day before the visa expiration date. As long as your extension is filed before, or I think even on the date of expiry, you should be fine.

A person who files a good-faith and valid H1B, while still maintaining H1B status, is allowed to stay and work for the sponsoring employer, for at least 240 days or about 8 months while the H1-B extension is pending. I, myself is in 7th year H1-B as well, my expiration day will be March 2006 too. I am going to wait for next two VISA bulletin to see if the EB2 shall be in the retrogression; so I will be able to extend my H1-B for a 3-year increment instead of the one-year increment. I know it sounds pathetic but that shall save me some attorney fee and money so probably I will be able to spend it on a plasma TV.

 

[yours_sincerely]

NJ Oct 02

Sir/Madam,
You don't really need a lawyer for a simple H1B extension. You can file it all by yourself if money is an issue. All it costs you is $190 for the filing fee. If you want to wait its your choice, it does make sense to get a 3 year extension than a 1 year extension but whenever you file you don't need a lawyer for it if your case is straightforward. For more details, you can contact me at desipins@hotmail.com. This is not an ad and there is no fee involved. I just want my newly earned knowledge to be used for as many people as possible.

A person who files a good-faith and valid H1B, while still maintaining H1B status, is allowed to stay and work for the sponsoring employer, for at least 240 days or about 8 months while the H1-B extension is pending. I, myself is in 7th year H1-B as well, my expiration day will be March 2006 too. I am going to wait for next two VISA bulletin to see if the EB2 shall be in the retrogression; so I will be able to extend my H1-B for a 3-year increment instead of the one-year increment. I know it sounds pathetic but that shall save me some attorney fee and money so probably I will be able to spend it on a plasma TV.

 

[justdoit]

An extreme case that happenned in my office- one of my colleagues had his H-1B visa expiring on Dec 01, 05. But the company lawyers waited till the last possible date - November 30th to file the papers for extension. Yes! exactly one day before the visa expiration date. As long as your extension is filed before, or I think even on the date of expiry, you should be fine.

Thanks for all your replies. I always thought you have to get out of this country before the I94 expiry date.

 

[imcdude]

Should n't ur labor have been cleared and I-140 cleared for u to get a 3 year extension?
I always thoght that only if you I-140 is cleared and you are unable to file I-485 because of retrogresssion, then you get 3 year extensions.

A person who files a good-faith and valid H1B, while still maintaining H1B status, is allowed to stay and work for the sponsoring employer, for at least 240 days or about 8 months while the H1-B extension is pending. I, myself is in 7th year H1-B as well, my expiration day will be March 2006 too. I am going to wait for next two VISA bulletin to see if the EB2 shall be in the retrogression; so I will be able to extend my H1-B for a 3-year increment instead of the one-year increment. I know it sounds pathetic but that shall save me some attorney fee and money so probably I will be able to spend it on a plasma TV.

 

[nshalady]

You are right. You can get 3 year extension only if I140 has been approved, and retrogression does not allow you to file for status adjustment.

Should n't ur labor have been cleared and I-140 cleared for u to get a 3 year extension?
I always thoght that only if you I-140 is cleared and you are unable to file I-485 because of retrogresssion, then you get 3 year extensions.

 

[RJ_NJ2002]

One can get 3 year extension, only if I140 has been approved.

You are right. You can get 3 year extension only if I140 has been approved, and retrogression does not allow you to file for status adjustment.

 

[forum_addict]

h1b extension after labor is certified

I have a question on h1b extension after labor is certified. I apologize if this is not linked to bec, the reason i am posting this question here, is because i practically live on this site and there are many gurus here who can help me out.
It is known that you can get a h1b extension after your 6 years expire if you have a labor application pending for more than 365 days. What happens if your labor gets approved just before your h1b expires, can you still file for your extension?

My 6 years of h1b is expiring dec 06 and if i get my labor certified late next year, will i be still able to file for an h1b extension with a certified labor and no i-140? Thanks and i apologize again for asking a question not directly linked to this forum.

 

[saknia]

Which Forum are we in - Sorry if this is a wrong Forum and wrong Questions

How do I play Golf Better after I get my Labor certified.

Is it better to Play Golf First and then Play Soccer or Soccer First - this is before I file I140

Will Joining a Piano Class will affect my 495 process( not sure which is correct for Adjustment of Status 475- 495. A feiend of mine told me is something between 490-500)

Sorry if this is a wrong Forum and wrong Questions

Because I see lot of Good people who answer all kinds of these questions as long the question contains any of these Buzz words - GC, H1b, 7th Year,GC, I140, 485 etc.

Some time it make me wonder Loudly - Which Forum are we in

 

[forum_addict]

To Saknia,

If you cant help, please dont make fun of people who have genuine questions. Infact i did apologize for posting my question here and i have clearly stated my reasons as well. I desperately needed that answer that's why i posted it.

thanks

How do I play Golf Better after I get my Labor certified.

Is it better to Play Golf First and then Play Soccer or Soccer First - this is before I file I140

Will Joining a Piano Class will affect my 495 process( not sure which is correct for Adjustment of Status 475- 495. A feiend of mine told me is something between 490-500)

Sorry if this is a wrong Forum and wrong Questions

Because I see lot of Good people who answer all kinds of these questions as long the question contains any of these Buzz words - GC, H1b, 7th Year,GC, I140, 485 etc.

Some time it make me wonder Loudly - Which Forum are we in

 

[MDwatch]

I have a question on h1b extension after labor is certified. I apologize if this is not linked to bec, the reason i am posting this question here, is because i practically live on this site and there are many gurus here who can help me out.
It is known that you can get a h1b extension after your 6 years expire if you have a labor application pending for more than 365 days. What happens if your labor gets approved just before your h1b expires, can you still file for your extension?

My 6 years of h1b is expiring dec 06 and if i get my labor certified late next year, will i be still able to file for an h1b extension with a certified labor and no i-140? Thanks and i apologize again for asking a question not directly linked to this forum.

Yes you can still get extension based on your pending I-140 or I-485 application. So don't worry you will get your extension

 

[StressTestInUSA]

How do I play Golf Better after I get my Labor certified.

Is it better to Play Golf First and then Play Soccer or Soccer First - this is before I file I140

Will Joining a Piano Class will affect my 495 process( not sure which is correct for Adjustment of Status 475- 495. A feiend of mine told me is something between 490-500)

Sorry if this is a wrong Forum and wrong Questions

Because I see lot of Good people who answer all kinds of these questions as long the question contains any of these Buzz words - GC, H1b, 7th Year,GC, I140, 485 etc.
Some time it make me wonder Loudly - Which Forum are we in

Saknia:

Dont think you r too safe with the PBEC mess, god forbid u might land in a situation you might dreaded the most ...

People around here are hanging around these threads like their home page for the past years...

If you cant answer/suggest to questions u can ignore it, dont take the pain of adding comical icons and reply to their pain...

Who knows in what kind of shoes u might be in the next 6 months, nothing better for sure with your labor in Philly..good luck buddy..!!

 

[mariner555]

I have a question on h1b extension after labor is certified. I apologize if this is not linked to bec, the reason i am posting this question here, is because i practically live on this site and there are many gurus here who can help me out.
It is known that you can get a h1b extension after your 6 years expire if you have a labor application pending for more than 365 days. What happens if your labor gets approved just before your h1b expires, can you still file for your extension?

My 6 years of h1b is expiring dec 06 and if i get my labor certified late next year, will i be still able to file for an h1b extension with a certified labor and no i-140? Thanks and i apologize again for asking a question not directly linked to this forum.

you have asked a v.good question and I think saknia doesnt know the answer !!! you did a right thing by asking this question ..to be honest even I dont know the answer but I will try asking this question to my lawyer ..in fact I dont know if many people know this answer ..you should also try asking this question to Murthy ..in one of her chat sessions.
(I may face a similar situation ..my h1 expires in jan 2007)
MDwatch's answer seems to be correct though ....

 

[mariner555]

You should be happy about it, because this means your case has come out of partial entry.
PBEC entered more entries now. T-means temporary (partial entry) and P-means I think permanent (full entry). There are some empty fields, because PBEC may not like to communicate them to you.
Next, you should be getting a 45-day letter.

Hi,
a follow up question ..how do you know this ? my lawyer told me that she has a case number for me P-05010-XXXXX. but she says she has not recd 45 days letter..
my PD is 03/08/2004 ..went to federal DOL in sept 2004 and then to PBEC mess.

does this mean I will be getting 45 days letter soon ?

 

[saknia]

Hi Stress Test USA

Read this First and keep this in Mind

Again I repeat - Iam not a Moderator. This is just a Guidance. Like some one said here . If you do not like this Leave it.DO NOT TRY to REPLY for this and make this Forum irrelevant here.

_______________________________________________________________

Guys Be Cool Man.No Offence any time and No Personal cursings.

I don't control this Forum to dictate what comes in here and who answer what.On the same Page one cannot stop one's posting which tries to bring in some order here. Plus I don't need to know all answers to advise on what is being posted here.

My Point is if we start discussing all the worldly issues here there is no end.

Everyday lots of people who are struck in PBEC comes here to see the progress PBEC is making.If we add unwanted questions ( not releavent to this forum) we add up the messs.

Imagine when you don't come to this site for few weeks and want to followup later on what has happened since then, You have to read atleast 200-300 Messages, that too not related to PBEC approvals, issues etc

Another point people say here often- I live in this Forum and that is why I have to ask the questions here about my 7th Year,Canadian Immigration etc etc

What is related to What is a Big Question. There is no way one can say whether a Canadian PR is related to Struck LC etc

But at some degree we need to keep that relationship.

My Post was making a point on how people relate unrelated issues of PBEC and try to post qustions here. No Body goes back and check previous posts in this Forum nor on many others here. No Homework done and Just simple answers wanted in seconds.

Just because one is living in this Forum he can post all his qustions here and try to get answers. This is not a One Stop Shop.

In fact there are various Forums where people need your questions and answers. (For example one might have the same question you asked and might need an answer.) If he looks for say in 7th Year extension Issues Forum he might miss your questions and the answers from our Guru's.This is another reason why this question should not come here and answered here.

Again I repeat - Iam not a Moderator. This is just a Guidance. Like some one said here . If you do not like this Leave it.DO NOT TRY to REPLY for this and make this Forum irrelevant here.