Service Error and H1B 7th year extension

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Clm_ramee

Registered Users (C)
Hi Folks,

Some of you already know me and have given me good advice in the past. Here is my case:

My 6 years H1B expired on April 11, 2008.
But my labor (PERM) was applied only on July 15, 2007.
My I-140 was applied on Nov 2, 2007 and pending.

So I had to leave the country on April 13, 2008. I am right now in India. My university applied for my 7th year H1 extension, based on my labor PD, from July 15, 2008. They went for premium processing and submitted the application on April 17, 2008. And we got the following response in 15 days:

USCIS denied the application, saying that it is "too early." Nothing is in the denial letter, exccept that "you have applied too early." Now what do they mean by too early?

My university says, that this is a "service error." The university says that the USCIS officer is looking at the fact that I should stay one year out of the country after my 6 year H1. The officer had not looked into the labor PD date.

What should I do now? How can I approach this so called service error? I need to get back by the end of July 2008 to keep my job.

Ramee.
 
You can't file for an extension of an expired H1B. You should have filed for the extension before the expiration date. You might have to spend a year abroad to get a new H1B.
 
NCAgony, thanks for your advice. I told my university attorney, that she should have filed an extension before April 11, 2008 to get my 7th year H1 starting from July 15,2008. But she insists that it is service error. She wants to challenge this decision of USCIS. I told her to wait. (I don't want her to challenge and ruin my chances)

I heard another conflicting piece of information. That we should apply for the 7th year H1, only after one year of labor PD. You should not apply before the one year labor PD! According to this, we should send in the 7th year H1 application only after July 15, 2008.
 
You don't have a case for 7th year approval because you have completed 6 years on H-1B already. At the moment you have to stay out of the US for a year in order to eligible for the next 6 year block.

In your case a different strategy would have been useful. You employer could have applied for H-1B extension based on recapturing your absence time from the US during the last 6 years. This will push the H-1B validuity beyond April 11, 2008. In case it crosses July 15, 2008 then applying for the 7th year would result a clear approval.
 
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