San Francisco Regional DOL Tracker

[gcwait2002]

Any new approvals for Mar 2003 SFO cases? AVM is not working, it keeps ringing.

 

[pk_karim]

brc?????

Hi

My case moved to chicago DOL in Jan, 04. Does my case process at Chicago or BRC?????

Thanks

 

[HopeAlive]

H1-B 7th year extension

Another question in this category. I sense a theme here, heh.

If Labor Certification is approved (after being pending for 2 and 1/2 years) and I-140 has been recently filed, can H1-B extension for the 7th year be acquired? The attorney of one of my friends has told her otherwise. According to that lawyer, if LC or I-140 is pending (not approved) for 1 year or more, 7th year H-1B extension will be approved.

 

[GC23]

Yes You can do that without any problems or RFE.. Many people on this forum has done it.

Thanks gp111

 

[gp111]

Another question in this category. I sense a theme here, heh.

If Labor Certification is approved (after being pending for 2 and 1/2 years) and I-140 has been recently filed, can H1-B extension for the 7th year be acquired? The attorney of one of my friends has told her otherwise. According to that lawyer, if LC or I-140 is pending (not approved) for 1 year or more, 7th year H-1B extension will be approved.

Attorney Is correct.. LC or I-140 should be pending for more then 1 year to get H1 extension. If I-140 is approved but you cannot file I-485 due to PD Retrogression you can get 3 year extension.

 

[mnhrdc]

Attorney Is correct.. LC or I-140 should be pending for more then 1 year to get H1 extension. If I-140 is approved but you cannot file I-485 due to PD Retrogression you can get 3 year extension.

To be more clear, what happens

If LC is approved and I-140 is pending less than 1 yr ?

 

[vsaxena]

No offense to gp111

you can get your 7th year extension even if I-140 is pending for less than a year but total time (labor + I-140) must be more than a year.

Correct me if I am wrong.

 

[mnhrdc]

you can get your 7th year extension even if I-140 is pending for less than a year but total time (labor + I-140) must be more than a year.

Correct me if I am wrong.

As per immihelp and to GP's database

Scenario 1 Effective October 17, 2000, The American Competitiveness in the Twenty-First Century Act(AC21), enables H-1B non-immigrants with approved I-140 petitions who are unable to file Adjustment of Status because of per-country limits, to be eligible for extend their H-1B non-immigrant status until their application for adjustment of status has been adjudicated(approved or denied). You can extend your H-1B status even beyond maximum 6 years of authorized stay, provided you have an employment based greencard petition filed on your behalf in an either EB1, EB2 or EB3 categories and you are not eligible to file your Adjustment of Status application only because you are from a country for which priority date is not current, which is usually the case with applicants from India or China.

Please note that H-1B extension given for the above listed reason would be made in increments of 3 years.
Scenario 2
Effective October 17, 2000, The American Competitiveness in the Twenty-First Century Act(AC21), permits H-1B non-immigrants to obtain an extension of H-1B status beyond 6-year maximum period, when
the H-1B non-immigrant is the beneficiary of an employment based (EB) immigrant petition (I-140) or an application for Adjustment of Status ; and
365 days or more have passed since the filing of a labor certification application, Form ETA -750, that is required for the alien to get employment based greencard, or 365 days or more have passed since the filing of the EB immigrant petition(I-140).
H-1B non-immigrant in above mentioned scenario can get extensions of H-1B non-immigrant visa status in increments of 1 year at a time, until a final decision is made on the H-1B non-immigrant's greencard.

According to the law passed on November 2, 2002; "21st Century Department of Justice Appropriations Authorization Act" (H.R. 2215), H-1B non-immigrant can extend H-1B 1 year at a time, even if his labor in not approved but pending for 1 year or more. It is not necessary that it should be approved.



Note that the adjustment application, labor certification, or visa petition need not necessarily have been pending for a year to obtain this benefit. The only requirement is that 365 days have passed since filing of the labor certification or immigrant visa petition.

In order for an H-1B non-immigrant to receive an extension of stay beyond the maximum 6-year limit, a petitioner must file a Form I-129 on behalf of the non-immigrant beneficiary. The petitioner may be either the beneficiary's current employer or a new employer. Usual rules and fees of filing an H-1B petitions apply.

 

[gp111]

check http://www.murthy.com/news/UDh121st.html

The Memo states that the H1B extension petition must have been filed after the 365 day-mark of the filing of the labor certification or I-140 had passed. Otherwise, the foreign national does not qualify for the one-year incremental extensions beyond the 6th year. This is an important clarification. Under this Memo it is not possible to file the H1B petition prior to the 365-day point while asking for approval for a future date, by which the 365-day point will have been reached. Further, Mr. Yates states that the request for the H1B extension of status must establish that the foreign national is in valid H1B status at the time that the H1B petition is filed with the BCIS. If the beneficiary is not in valid H1B status, the extension typically will not be approved. While it is generally well understood that extensions require that the person be in lawful status, the language of the law can certainly be read to allow for petition approval for additional one-year increments, even if the person is no longer eligible for an extension.

 

[mnhrdc]

Non Taken !

check http://www.murthy.com/news/UDh121st.html

The Memo states that the H1B extension petition must have been filed after the 365 day-mark of the filing of the labor certification or I-140 had passed. Otherwise, the foreign national does not qualify for the one-year incremental extensions beyond the 6th year. This is an important clarification. Under this Memo it is not possible to file the H1B petition prior to the 365-day point while asking for approval for a future date, by which the 365-day point will have been reached. Further, Mr. Yates states that the request for the H1B extension of status must establish that the foreign national is in valid H1B status at the time that the H1B petition is filed with the BCIS. If the beneficiary is not in valid H1B status, the extension typically will not be approved. While it is generally well understood that extensions require that the person be in lawful status, the language of the law can certainly be read to allow for petition approval for additional one-year increments, even if the person is no longer eligible for an extension.

GP111

So It means you should have passed 365 days after LC (for EB2 and EB3) and 365 days after I-140 indirectly for EB1 catagory who dont require LC.

some more from immigration-law

EXTENDING AUTHORIZED STAY AND EMPLOYMENT FLEXIBILITY IN CASES OF LENGTHY ADJUDICATIONS

---------------------------------------------------------

8. ALTHOUGH ALIENS GENERALLY MAY REMAIN IN H-1B STATUS FOR NO MORE THAN SIX YEARS, SECTION 106 ALLOWS INS TO EXTEND AN ALIEN'S H-1B STATUS BEYOND SIX YEARS IN CERTAIN CIRCUMSTANCES. INS MAY EXTEND H-1B STATUS IN ONE-YEAR INCREMENTS FOR ANY H-1B ALIEN WHO HAS EITHER AN EMPLOYMENT-BASED IMMIGRATION PETITION OR APPLICATION FOR ADJUSTMENT OF STATUS PENDING AND MORE THAN 365 DAYS HAVE PASSED SINCE EITHER THE LABOR CERTIFICATION APPLICATION (IF APPLICABLE) OR THE PETITION WAS FILED. EXTENSIONS MAY CONTINUE UNTIL THE ALIEN'S PETITION IS DENIED OR THE ALIEN'S ADJUSTMENT IS ADJUDICATED.

9. SECTION 106 FURTHER PROVIDES THAT AN ALIEN WHOSE APPLICATION FOR ADJUSTMENT OF STATUS HAS REMAINED UNADJUDICATED FOR 180 DAYS OR MORE MAY CHANGE EMPLOYERS WITHIN THE SAME OR SIMILAR OCCUPATIONAL CLASSIFICATION WITHOUT HAVING TO OBTAIN APPROVAL OF A NEW PETITION.

 

[gp111]

Thanks mnhrdc

So It means you should have passed 365 days after LC (for EB2 and EB3) and 365 days after I-140 indirectly for EB1 catagory who dont require LC.

Yep.. LC pending more then 365 days, I-140 pending more then 365 days or I-485 pending more then 365 days.

 

[help4lc]

concurrent filing allowed for pre-approved labor ?

Thank you for your response mnhrdc

Someone please let me know if concurrent filing is allowed if pre-approved labor is used.

For Substituion Labor I140 is PD date and I am not sure whether they allow you to file Concurrently for Substitution labor. Please check with Attorney because my friend could not apply concurrently.

PD is allways tied up with the Original Allien

 

[LKFGC]

Lkfgc

I am planning to apply my GC from CA on RIR. Can any one advice me how long will take total GC processing time in CA?

LC ( State and Federal)
I140
I485

Thanks for your sharing

 

[gp111]

Thank you for your response mnhrdc

Someone please let me know if concurrent filing is allowed if pre-approved labor is used.

There are no such restrictions.. People prefers not to go for Concurrent cause if I-140 gets denied, I-485 automatically gets denied & waste of more money..

 

[gp111]

I am planning to apply my GC from CA on RIR. Can any one advice me how long will take total GC processing time in CA?

LC ( State and Federal)
I140
I485

Thanks for your sharing

As of Today.. (Surely it will improve soon)

LC State : 6 to 8 months
LC Federal: 22 months
I-140 : 9 months
I-485 : 9 months
I-140/485 (Concurrent) : 9 months

 

[HopeAlive]

GP111

So It means you should have passed 365 days after LC (for EB2 and EB3) and 365 days after I-140 indirectly for EB1 catagory who dont require LC.

some more from immigration-law

EXTENDING AUTHORIZED STAY AND EMPLOYMENT FLEXIBILITY IN CASES OF LENGTHY ADJUDICATIONS

---------------------------------------------------------

8. ALTHOUGH ALIENS GENERALLY MAY REMAIN IN H-1B STATUS FOR NO MORE THAN SIX YEARS, SECTION 106 ALLOWS INS TO EXTEND AN ALIEN'S H-1B STATUS BEYOND SIX YEARS IN CERTAIN CIRCUMSTANCES. INS MAY EXTEND H-1B STATUS IN ONE-YEAR INCREMENTS FOR ANY H-1B ALIEN WHO HAS EITHER AN EMPLOYMENT-BASED IMMIGRATION PETITION OR APPLICATION FOR ADJUSTMENT OF STATUS PENDING AND MORE THAN 365 DAYS HAVE PASSED SINCE EITHER THE LABOR CERTIFICATION APPLICATION (IF APPLICABLE) OR THE PETITION WAS FILED. EXTENSIONS MAY CONTINUE UNTIL THE ALIEN'S PETITION IS DENIED OR THE ALIEN'S ADJUSTMENT IS ADJUDICATED.

9. SECTION 106 FURTHER PROVIDES THAT AN ALIEN WHOSE APPLICATION FOR ADJUSTMENT OF STATUS HAS REMAINED UNADJUDICATED FOR 180 DAYS OR MORE MAY CHANGE EMPLOYERS WITHIN THE SAME OR SIMILAR OCCUPATIONAL CLASSIFICATION WITHOUT HAVING TO OBTAIN APPROVAL OF A NEW PETITION.

My lawyer told me that they have had no problems for 7th year extensions for the following type of cases: LC approved after 2+ years, I-140 pending for less than a year.

 

[gp111]

My lawyer told me that they have had no problems for 7th year extensions for the following type of cases: LC approved after 2+ years, I-140 pending for less than a year.

If Lawyer is saying that.. That may be the fact.. Anybody over here in this forum is not as qualified as an attorney.

 

[janePST]

Get confused by those legal document and

If Lawyer is saying that.. That may be the fact.. Anybody over here in this forum is not as qualified as an attorney.

Good to hear that you can get H1b extension. I am afraid I may face the same situation in the future.

I have a question for my husband. He is currently working as H1b and depending on me to get GC, if I got LC, and he files 140 and 485 concurrently at the same time as me, but not getting approval after 365 days, can he asks for H1 extension?

thanks

 

[gp111]

Good to hear that you can get H1b extension. I am afraid I may face the same situation in the future.

I have a question for my husband. He is currently working as H1b and depending on me to get GC, if I got LC, and he files 140 and 485 concurrently at the same time as me, but not getting approval after 365 days, can he asks for H1 extension?

thanks

You Husband cannot file I-140 on your LC.. What you have to do is file I-140/485 concurrently for you & file I-485 for him as dependent. He will be able to get H1 extension on basis of pending I-485.

 

[popoye]

For the question I asked to the CA-SWA/SESA on why the case statuses will not be updated , below is the response I received

"We have downsized to only a few staff in preparation for our office closing on March 31, 2005. The few staff left will be devoted to shipping our cases to the federal processing centers between now and March 31, 2005. We will provide a transfer schedule when the information becomes available (probably within the nxt week). "

Not sure what she meant by federal processing center. Is it NPC or BEC> I Guess I ll ask next week for the exact transfer schedule on RIR .. Non RIR and dates etc and where these files are sent to.