******* Pls respond: 7th year extension question *******

G

gcseeker2002

Registered Users (C)
Sorry if this has been answered somewhere but since I am in urgency and could not find the exact solution ....

My 6th year of h1b expires in march 2005, my labor was filed about 10 days before the 5th year limit in march 2004. My company wants to file my extension for 7th year now in november. Is this possible ? Will I have to wait till the 365 day mark or can I file now ? Will my extension be rejected ? Please respond .
 
Cannot file for 7th year extension until 365 days...

gcseeker2002 said:
Sorry if this has been answered somewhere but since I am in urgency and could not find the exact solution ....

My 6th year of h1b expires in march 2005, my labor was filed about 10 days before the 5th year limit in march 2004. My company wants to file my extension for 7th year now in november. Is this possible ? Will I have to wait till the 365 day mark or can I file now ? Will my extension be rejected ? Please respond .
Click to expand...

Please see:
http://www.murthy.com/news/n_h1bext.html

However, it was later corrected as you can see at:
http://www.murthy.com/news/n_7thyr.html


If you file even ten days before your 6th year expiry, you will still be in status and can keep working while your h1 extension petition is pending (for several months, I assume). However, you might investigate another issue. I have heard that now the CIS allow you to file for more than 1 year extension at a time which means that at the end of the 6th year period you can file for 2 years extension at the same time - you might want to research and investigate it further...

hope the above helps..
 
Iam the victim

I would suggest you to wait till 365th day and apply through premium processing on the 366th day. As per AC21 it clearly says at the time of H1B petetion the labor should have been pending for 365 days or more. My attorney has applied 2 mos in advance and now iam in all soup. Another Attorney is trying to get my H1 again by filing for extension of stay. Anyways the USCIS rules keep changing and i would suggest you to wait till March.

Thanks
MM
 
Thank you for the responses. I will try for the 2 year extension, this labor cert process is a real pain. So you say if I apply before the 365 days they will reject and I will get deported ??
 
gcseeker2002 said:
Thank you for the responses. I will try for the 2 year extension, this labor cert process is a real pain. So you say if I apply before the 365 days they will reject and I will get deported ??
Click to expand...


NO you will not get deported for applying before 365 days.. Only thing is you have to re-apply.. waste of resources & time. You are totally safe if you apply (get your receipt) even 1 day before your H1 expiry & you will be allowed to stay/ work while H1 extension in pending.
 
Docs to file for 7th year extension

Just am wondering any one can post the required documents to file for 7th year extension. Is it same as normal H1 extension or any special documents required?
Appreciate your response.
Thanks,
 
Isn't the better thing then is to apply in March 1st week for him so that there is ample time for him to get a receipt as well? That way he can apply for 2-yr extention as well. Am I missing something?
 
This would really help me

I think I am in the same boat except for the fact that my current H1 is valid until Nov 2005 though techinically my 6 year limit will be completed by May 2005.

I really appreciate if some body can help me with your suggestions here.....

I have entered US in May 1999. So, my 6 year limit should be over by May 2005.
I have applied for LC 370 days before my 6 year limit completes in May 2004.
But, my current H1, instead of being valid until May 2005 is valid until Nov 2005. I have a valid I-94 and also a valid visa with the present company until NOV 2005.

When do you guys think I have to apply for 7th year extension.

I really appreciate your input.
 
Hi

self_file said:
I think I am in the same boat except for the fact that my current H1 is valid until Nov 2005 though techinically my 6 year limit will be completed by May 2005.

I really appreciate if some body can help me with your suggestions here.....

I have entered US in May 1999. So, my 6 year limit should be over by May 2005.
I have applied for LC 370 days before my 6 year limit completes in May 2004.
But, my current H1, instead of being valid until May 2005 is valid until Nov 2005. I have a valid I-94 and also a valid visa with the present company until NOV 2005.

When do you guys think I have to apply for 7th year extension.

I really appreciate your input.
Click to expand...
Hi,
First apply for h1 visa from Nov 2005 to May 2005. And then in april end or may starting apply for 7th year extension. YOU HAVE TO COMPLETE 6 years and then apply for 7th year.
Thanks
KK
 
:confused:
Thanks for the reply kriskish. But, I did not quite get what you said. I was issued a H1 for 6 months over the limit of 6 years limit meaning; though my 6 year limit ends about 7 months(May 2005) I have approved H1 until NOV 2005.
Hope I made the statement clear :)
 
self_file said:
:confused:
Thanks for the reply kriskish. But, I did not quite get what you said. I was issued a H1 for 6 months over the limit of 6 years limit meaning; though my 6 year limit ends about 7 months(May 2005) I have approved H1 until NOV 2005.
Hope I made the statement clear :)
Click to expand...

Hey,
I am really sorry. I thouht it was Nov 2004. My apologies. You need to contact an attorney for this issue.
Thanks
KK
 
self_file said:
:confused:
Thanks for the reply kriskish. But, I did not quite get what you said. I was issued a H1 for 6 months over the limit of 6 years limit meaning; though my 6 year limit ends about 7 months(May 2005) I have approved H1 until NOV 2005.
Hope I made the statement clear :)
Click to expand...


Apply for Visa Extension max 6 months before Nov 2005
 
Just read the Murthy Page: http://www.murthy.com/news/n_7thyr.html. So one can file once the LC has been applied for over a yr. Now my LC was applied in May 2003, therefore over 1 yr BUT my H1B status is valid until Dec 15th, 2005. So what would be best/earliest time i can apply for the extension. I need an H1B and would go to India to get one only when I can maximise the visit (get visa for 7th(or 8th yr) as well)
 
Thanks

Thanks for the reply gp111. I also have a valid visa in my passport until Nov 2005. So, do you think I can stay and apply for extension any time after May 2005 and before Nov 2005? I would really appreciate your response.
Thanks much!
 
self_file said:
Thanks for the reply gp111. I also have a valid visa in my passport until Nov 2005. So, do you think I can stay and apply for extension any time after May 2005 and before Nov 2005? I would really appreciate your response.
Thanks much!
Click to expand...

GP111 will correct me, if I am wrong. To my knowledge H1B and visa are different. Your H1B validity date is in the approval that u receive from INS. U can apply 6 beore that date. The date on the paaport(I 94) will keep u in legal staus to stay in US but not to work.
 
Thanks

Hi Nirvan,
Thanks for the reply. I agree with you on the difference between H1B, visa and I-94. Let me make my situation more clear...

I entered on May 25th 1999. So, technically my 6th year limit should expire on May 25th 2005. However, applying the H1b every time I change my job left me with a current H1B that is valid until Nov 25th 2005 instead of May 25th 2005. Meaning INS has issued me a H1B that is valid for more than my 6 years limit. I have the I-94 too which is valid until Nov 25th 2005. I had my visa revalidated and they issued me until Nov 25th 2005 based on the INS I-797 approval.

Now, my LC PR date is May 19th 2004 which will make me eligible for 6th year extension. But, if I file my 7th year extension before May 25th 2005, INS might deny saying that I have a H1B which is valid for more than 6 months. Not sure if I can wait until after May 25th 2005 to file my extension as I will be leaglly eligible to work as I have a valid I-797 with I-94.

I am so confused and really appreciate responses. GP111 - Any thoughts?
 
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