Rfe -7th Year Extension!!!

K

krivis

Registered Users (C)
I filed 7th year extension based on my pending LC for more than 365 days. This LC was sponsored by my previous employer. After filing my extension, this LC has been approved. While I am waiting for extension, my 6 years have been expired 2 monthas ago. Now I got RFE stating that why I need extension since my LC has been approved.
But my LC filed when it was in pending status. Is it possible to deny my extension? I have one more LC from current employer which is just passed the 365 days test, but my H1 is expired now to apply anotehr extension.

What are my options now?

Thanks,
Krivis
 
Did you apply for I-140 after LC approval??
If you did then that alone is the basis for extension. If you haven't filed I-140 then contact a lawyer ASAP.
HTH
 
I would think if the labor is approved and 140 is not yet filed, you should be still eligible for extension. What does your attroney say?
 
krivis said:
I filed 7th year extension based on my pending LC for more than 365 days. This LC was sponsored by my previous employer. After filing my extension, this LC has been approved. While I am waiting for extension, my 6 years have been expired 2 monthas ago.
---- still you are on H1 if H1 extension is filed and NOT denied
Now I got RFE stating that why I need extension since my LC has been approved.

------in How many days you have to reply RFE? if you have 30-40 days file I-140 and I-485 then send the I-140 filing or I-485 filing reciept with RFE and lawyer should request to approve the 7th year Extension based on pending I-140 or pending I-485( but your past employer may not file I-140 for you if you dont have good relations)
But my LC filed when it was in pending status. Is it possible to deny my extension?
----- depends how your lawyer argue the case becase it is not your mistake you filed timely
I have one more LC from current employer which is just passed the 365 days test,
---- make the basis of 7th H1 extension on this LC send SWA or SESA reciept as evidence and request the USCIS to approve the pending 7th year H1 to be approved on the base of that pending LC , they cant deny if lawyer writes correct cover letter and attach the evidence of that LC filed and pending when reply RFE

but my H1 is expired now to apply anotehr extension.

What are my options now?

Thanks,
Krivis
Click to expand...
 
ginnu said:
---- make the basis of 7th H1 extension on this LC send SWA or SESA reciept as evidence and request the USCIS to approve the pending 7th year H1 to be approved on the base of that pending LC , they cant deny if lawyer writes correct cover letter and attach the evidence of that LC filed and pending when reply RFE
Click to expand...

This LC passed 365 days in May 5th,2004 and my H1 was expired a week before, i.e, in April 2004. Can I still use this LC as evidence though my H1 is expired ?

My actual port of entry was in June 16th,1998. I never leave this country in my 6 years. But my current H1 expired 45 days before my actual entry. So can I present my case that I had filed 7th ext. and have pending LC before my 6 years period ended?

Thanks,
 
Alren

alren said:
I would think if the labor is approved and 140 is not yet filed, you should be still eligible for extension. What does your attroney say?
Click to expand...

As per rule, there should not be any completed status. So I can not use it now.
 
hathwar

hathwar said:
Did you apply for I-140 after LC approval??
If you did then that alone is the basis for extension. If you haven't filed I-140 then contact a lawyer ASAP.
HTH
Click to expand...

No. My previous employer is not willing to sponsor me now.
 
Krivis

Try explaining your situation to your employer. He may file I-140 as ginnu suggested. Sometimes you have to work with your employer. Try it. Or you will be out of status if you dont reply to your RFE for extension.
Act Fast......
 
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