RE: Pending I-485, 7th Year H1B Extn

D

dude2711725

Registered Users (C)
Please advise based on the below scenario:

- My I-485 has been pending with VSC since 3/11/2003 with an approved I-140.

- I have filed my 7th Year H1B extension using premium processing, however I have made out all the checks in the name of " USCIS " , please advise if I have done the right thing as on cross checking the Instructions on the forms it says the checks need to be made out to " Immigration & Na....... Ser.... "


- At the same time I have also filed for H4 Extn, will the VSC approve both the applications in 15 business days.


Please do respond to the above querries.

Thanks
 
Need info

Instead of answering your question, I am asking you a couple of questions. Please help.

1) Do you send your spouse's H4 extension petition (I-539) in the same packet with your 7th year H1 extension request (I-129)?

2) At what time can one apply for the 7th year H1 extension? Does the Receipt Date for the H1 petition need to be after your I-140 has been pending for 365 days? Or can you send in the I-129 say a month or so before your I-140 has actually been pending for 365 days?


Thanks.
 
RE: Pamit 73

Ans1: I did send in my spouse's H4 Extension in the same packet with my H1 Extension request. From what I have heard is that if you do premium processing you can submit H4 paper work too, however if you do regular than you need to wait for your approval before sending in H4 renewal as the primary needs to be approved bedore the derivative is approved - Please some one confirm this


Ans 2: For filing 7th year extension you need your labor/I-140/I-485 to be pending 365 days or more so in case you need to file ealier than your I-140 crossing/reaching 365 days you can use your labor filing date which would have passed 365 days.

Hope I have been able to answer your querries.

Thanks

...............

1) Do you send your spouse's H4 extension petition (I-539) in the same packet with your 7th year H1 extension request (I-129)?

2) At what time can one apply for the 7th year H1 extension? Does the Receipt Date for the H1 petition need to be after your I-140 has been pending for 365 days? Or can you send in the I-129 say a month or so before your I-140 has actually been pending for 365 days?


Thanks.[/QUOTE]
 
Thanks for your reply dude..

1) Could someone please confirm the deal about combining I-129 and I-539 only for premium processing. To me it does not seem logical. But hey, who says USCIS does things logically.

2) Mine is EB1. Hence no labor. I actually do have a window of 3-4 days after my I-140 gets 365 days old and my 6th year H1 is still valid for the 3-4 days after that. Hence, I can try to file the I-129 in that 3-4 day window and be safe. Just wondering if I could avoid the tension of timing these things in such a narrow window by filing a week or so earlier.

Looks like that may not be possible. Hope to get the 140 adjudicated before it comes down to that. But that may not be possible for EB1 and in the post Fujie Ohata Memo era.
 
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