regd 7th year extention

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rpaul

Registered Users (C)
I have a question regd my 7th year extension, please help me.

Q1. My current H1B 6th year expiring this Aug 22nd 2006. I have got my labor approval under PERM this last week. I am going to file I-140 this May 1st 2006. How much time it takes to get I-140 approval.

Q2. If I get the I-140 approved before my H1B expires (aug 2006). Am I eligible to get the 7th year extension?.

Q3. I have the H1b approval from my old company which expires on Nov 2006.
My question is that once my current H1B on Aug 2006, can I work on my old H1B (expires Nov2006)?

Regards
rpaul
 
rpaul

rpaul,

Go easy on your font man !!! Its difficult for us to read it without scrolling down.

Q1. My current H1B 6th year expiring this Aug 22nd 2006. I have got my labor approval under PERM this last week. I am going to file I-140 this May 1st 2006. How much time it takes to get I-140 approval.

A 1: To chk the approval time for I-140, you may refer to the link "https://egov.immigration.gov/cris/jsps/ptimes.jsp?". Keep in mind that starting 1st April all the I 140 applications are filed at NSC, irrespective of your location.

Q2. If I get the I-140 approved before my H1B expires (aug 2006). Am I eligible to get the 7th year extension?.

A2 :I 140 approval cannot get you extension unless your PD is current and you have filed 140/485 concurrently. But you may still be eligible for extn beyond 6 yrs based on you Labor cert. If your PD is 1 year old (you filed the labor application on or before 21 Aug 2005), you'd be eligible for 1 yr Extn + any # of days out of US during your 6 yrs H1B Status.

Q3. I have the H1b approval from my old company which expires on Nov 2006.
My question is that once my current H1B on Aug 2006, can I work on my old H1B (expires Nov2006)?

A3 : You may not use that Old H1B approval as that is deemed cancelled by USCIS , once you do the Xfer of H1B to the new employer. But it seems that you still have some time left to complete 6 years for H1B since you got that status. (Just my guess as you mentioned that your old H1B expires in Nov 2006.)

Your situation requires a proper study and you must get advice from a good immigration lawyer, as you are near the expiration of your H1B 6 yrs limit. He might suggest you filing for I140 earlier than 1st of may.

Good luck
 
Regd the Q3.

- Can I ask to extend my current H1B to till Nov2006 becuase ideally my total 6 years completes in NOv 2006 as I came to this country in Oct99.

Q4. Once my H1B expires, is it possible to get the B1 visa or any other visa in order to stay here in US?

Q5. Do you know anyone who have the pre approved labor. I have 3 years diploma in Electronics engineering and have 13 years of IT experience.
 
Rpaul here are your answers

Can I ask to extend my current H1B to till Nov2006 becuase ideally my total 6 years completes in NOv 2006 as I came to this country in Oct99.
A : You may recapture the number of days to complete your 6 years limit and any # of days you spent out of US (including vacation time). By that time you may get your I140 approved and you continue getting extn based on your pending I-485 Filing/ Adjucation.

Q4. Once my H1B expires, is it possible to get the B1 visa or any other visa in order to stay here in US?
A4 : No you cannot legally stay 'working' on any Visa beyond 6 years. However you may switch to F1 Visa for Students. And reenter as a Student.


Q5. Do you know anyone who have the pre approved labor. I have 3 years diploma in Electronics engineering and have 13 years of IT experience.
A 5 : No. Labor substitution is History now.

By the way when did you apply for your labor ?

Good luck
 
Thanks for the reply.

My lawyer filled labor in Feb 21st 2006.

Q. Do you know a good lawyer for filling my I-140 and I want recapture the time also ?
 
if you filed concurrently you can apply for EAD, if you have not filed 485 due to retrogression thenrush to file 140, hopefuly before november you will get it, get a good lawyer, o1 visa is another option to work
 
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