Questions on H-1B 7th year Extension

[Hitech Guy]

My H-1B 6 years expired in April, 2002. I applied for an extension in March, 2002. I have been waiting for about 10+ months now....

RD 03/27/2002
ND 03/28/2002

I did get an RFE asking for a copy of the page in passport showing my initial entry into US in H-1B status. It looked like who ever sent the RFE did not know/understand the 7th year extensions under AC-21. I have replied to the RFE - attached another cover letter explaining the situation again - attached a copy of I-485 receipt notice. It's been almost two months since TSC received my response - no change in status so far.

I am just trying to see if it is just my case or if there are others in the same boat.

Another related question ---

I know one would preserve H-1B status until INS responds with an acceptance or denial. But, I read somewhere that there is limit on the number of days one will be in status after applying for H1B 7th year extension. Is this true ? I do have a EAD - never really switched to it from H-1B status. If there is a time limit on how long one can wait to get a response from INS, I could very well switch to the EAD.

Any help/ideas/info would be greatly appreciated.

Thanks.

 

[jaxen]

unique case- some suggestions

1.try calling INS and inquire status of pending application. Sometimes an application falls thru the crack.
2. Try faxing an enquiry to INS
3. visit local INS and explain situation (give a letter in writing and demand anser in writing)
4. Use EAD (file I9) to save your status. However If INS officers advise you to use EAD, ask why 7th year extension is refused and ask them to give it in writing...

 

[Hitech Guy]

Thanks for the suggestions...

I will try to call INS this week....

but, is there really a limit on how long one would be in status after applying for the 7th year extension ? I read somwhere that the limit is 240 days.