Question on 7th year extension

S

self_file

Registered Users (C)
Here is my status...
1. I entered the U.S. on May 25th 1999. So, technically my 6th year is going to be completed by May 25th 2005.
2. I have applied for LC from AZ and my priority date is May 19th 2004 meaning I will be eligible for 7th year extension. But, as I switched companies, my last H1 through the current company was issued until Nov 25th 2005 instead of May 25th 2005.

So, my question is, do I have to apply for 7th year on May 20th 2005 or can I file it after May 25th 2005 as I can not apply 6 months before the expiration(Nov 25th 2005) of the H1-B I am holding.

I really appreciate any thoughts on this.

Thx.
 
self_file said:
Can anybody suggest/comment on my question. I really appreciate your input.
THX.
Click to expand...

The following facts have bearing on your case:
a) The amount of time you were not in the US; Time not spent in US does not count towards 6 years. Were you out of this country for approx 6 months since 1999 ? How did the new company calculate end date of Nov 2005 ?

b) What is the (visa expiration ) date mentioned on your I-94
 
Help!!!

My labour is struck at California(remanded back to state from RIR), PD 08/2001. Currently in non-rir queue.
I have an offer from a company which is willing to start GC for me from either
massachusetts OR north carolina(they have offices in both places).
My h1(6 years) is expiring this yearend and my current employer has already
filed for 7th year h1 extension.
Guys i need your advice,
Should i stay with the current employer?
Should i start the labour with the new employer(he says it is ok if i join after
the labour is approved)?
What are the chances of my current labour(in CA) getting approved before
the new one gets approved?
 
Very different

PrettySoon said:
The following facts have bearing on your case:
a) The amount of time you were not in the US; Time not spent in US does not count towards 6 years. Were you out of this country for approx 6 months since 1999 ? How did the new company calculate end date of Nov 2005 ?

No, I have not left the country since I entered in 1999. When I switched companies the last H1 I have applied(with the present company) should have been extended by INS only until May 2005. But, strange thing is they have approved it until Nov 2005.


b) What is the (visa expiration ) date mentioned on your I-94
Expiration date on I-94 is also Nov 2005.
Click to expand...
 
Any comments :confused:

I really appreciate comments on my question :confused: . Please help me with your thoughts/experiences
 
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