Recapture/7th year extension

T

tsramkumar

Registered Users (C)
I am posting this for my Friend. His issue is this:

His H1B petition to recapture 9 months that he spent outside the US is still pending with INS. The recapture petition was filed in August 2003 to extend the H1B until May 2004. His LC is pending for more than 365 days now, it was filed in Jan 2003. Can He apply for the 7th year extension now, while his H1B recapture petition is still pending with INS?

You suggestions / comments ih this regard will be appreciated.
Thanks.
 
His LC is pending for more than 365 days now, it was filed in Jan 2003. Can He apply for the 7th year extension now, while his H1B recapture petition is still pending with INS
------ He is eligible to file 7th year H1 extension and need evidence that LC was filed 365 days back and evidence is receipt from SESA or SWA when the received the LC. Lawyer may have got the LC filling receipt from SESA or SWA, your friend need to speak with the good lawyer
 
H1B Recapture / 7th Year Extension

Hi Ginnu

Thanks for the information. He has all the evidence (viz. receipt from SESA etc.) for the LC pending for more than year.

He is concerned if his recapture petition is denied, will it have any impact on his 7th year extension.
Also, he wanted to make sure that until notice of action on his 7th year petition is received, his in status condition makes him eligible for filing for the 7th year extension based on pending LC for more than 1 year. I have asked him to consult Rajiv Khanna and seek his opinion as per your suggestions.

What is your feedback abt his concerns (denial of recapture and it's bearing on 7th year extension)?

Thanks
 
He is concerned if his recapture petition is denied, will it have any impact on his 7th year extension.
---- if risk of denial then file 7th year H1 extension. Go to lawyer and they know better how to handle this kind of situation
Also, he wanted to make sure that until notice of action on his 7th year petition is received, his in status condition makes him eligible for filing for the 7th year extension based on pending LC for more than 1 year. I have asked him to consult Rajiv Khanna and seek his opinion as per your suggestions.
---- Let him go to or speak with Rajiv Khanna
What is your feedback abt his concerns (denial of recapture and it's bearing on 7th year extension)?
---- Rajiv will be best to answer your concerns
 
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