Question - H1B extension

Y

yeppo

Registered Users (C)
H1B exprires Oct 31 2004.

6 year validity ends on March 9 2005.

I would like to apply for the 7th year extension based on pending I 140. How soon before can I apply so that I can ask for the 7th Year along with the period of Nov 1 2004 to March 8 2005. For obvious monetory reasons I do not want to apply 2 times.

Thanks.

Yeppo
 
60 days before expiry

I would suggest filing within 60 days of expiry.

I applied my 7th year 30 days before expiry.
 
My understanding is that you can apply 180 days before expiry. I applied almost 140 days in advance on premium processing in the month of July 2004 and got it approved within 3 days time.

My attorney told me that the 140 or 485 or the labor should be pending for atleast 365 days before you file for the 7th year extension.

As I did not have the copy of the labor, I have to wait till June end to make it 365 days for the 140 / 485 to be pending for.

I had 200 days to recapture and the 7th year extension, which I applied together. However, H1 was extended for 1 year only, not for 200 days plus a year.




JSP said:
I would suggest filing within 60 days of expiry.

I applied my 7th year 30 days before expiry.
Click to expand...
 
You could apply 3 months in advance....This is based on my personal experience. I applied my 7th yr extension 3 months in advance and got approved in less than 10 days....pretty quick right....

I wish my I-140 comes through.....
 
Guys,

Please note that my current H1 expires on 31st Oct whereas the 6th year ends on Mrach 9 2005. So when you say 3 months before expiry do you mean 3 months before 6 year end or 3 months before visa expiry date (in this case 31st October being the visa expiry date).

Please clarify.

Thanks.

Yeppo
 
Hi Friends,
Can you please tell me, how you are calculating the expire date of H1, Is that starts from
1. Date started when you first applied for H1 (Like my H1 was applied on 01/01/1998)
2. Date you landed in US to work on H1 (August 1st , 1998)

Thanks in Advance.
 
yeppo said:
Guys,

Please note that my current H1 expires on 31st Oct whereas the 6th year ends on Mrach 9 2005. So when you say 3 months before expiry do you mean 3 months before 6 year end or 3 months before visa expiry date (in this case 31st October being the visa expiry date).

Please clarify.

Thanks.

Yeppo
Click to expand...

Yeppo, I would seek qualified legal opinion. The reason is that you can't have your H1 status lapse, if you want to qualify for the 7th year extension. I had a similar situation and the attorneys told me that they had to apply separately, once for the 6 months for the 6yr expiration and then subsequently for the 7th year extension. Don't let your H1 lapse while waiting for the 7th eligibility, because it will then likely not be treated as an extension. I don't pay a dime for any of this, so I didn't really care what they did. However, my understanding is that you will need both processed separately.
 
According to my lawyer she has asked me to apply in Mid October for the normal extension and request the 7th Year which she said there is a fair chance in getting with some new ruling recently.

Yeppo
 
If you apply for transfer or extension with start date just three or four months before the expiry 6 years of the H1 then uscis usually gives the seventh year extension if you provide them proper documents.


We have a guy who is completing in this December. He is an old employee of the company and was rejoining us in August. So we applied his H1 extension in August first week for 6 months and I-140 was applied little later. He got an RFE asking is any their pending labor or I-140? If yes they will approve seventh year along with this transfer we sent the document and He received his extension along seventh year on last Friday
 
Con_File_Feb said:
Hi Friends,
Can you please tell me, how you are calculating the expire date of H1, Is that starts from
1. Date started when you first applied for H1 (Like my H1 was applied on 01/01/1998)
2. Date you landed in US to work on H1 (August 1st , 1998)

Thanks in Advance.
Click to expand...


Your H1B starts counting only from the day you land in US, which is August 1st, 1998. You can even get it stamped in 1996, but if you land in 1998, thats when your H1B 6 year clock starts counting.. Hope it helps!!
 
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