TSC -- H1 7th year extension approved!!

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Registered Users (C)
Just got my 7th year extension approval in the mail. The AVM has not been updated yet.

Details:

Texas Service Center
RD: Oct 24, 2001
AD: Jan 25, 2002

I applied for 7th year extension based on I140 pending and more than 365 days since labor was applied (PD April 2000). My H1 six year period expired this month (Jan 2002).

Hope that all of you waiting for approval get it soon.

Thanks.
 
Clarification needed

Hi When you said 365 days passed since labor did you mean labor process took more than 365 days or the combination of Labor & 140 process has taken more than 365 days. I am in the same situation as you were in. I also wanted to apply for my extension.
Your help is greatly appreciated.
PD-May2000
H1 expires in June 2002

Thanks
 
The only requirement is that your PD should be > 365 days old

So you should qualify if you have a pending I140.
 
i\'m in the same boat - need help

My 6yrs will expire end of May. Labour approved in less than year and I140 applied two weeks back. can I able to apply for 7th year extension?
 
sumanth799!! what is your Priority date?

or Check your labor approval notice and look for l.o date at the right bottom.....that\'s your PD.....if your PD is > 365 days old by end of May(i.e. your current H1 expiry date) you\'re qualified to apply for 7th year extension......
 
Is this a loop hole and is this going to be shut down very soon?

Well, I am in a situation where there is a chance that I might not get my labour cleared before I hit my 6 year limit. But this is what my lawyer say\'s. Currently people are filing for an H1 extension if
your PD > 365 days though labour not being cleared. But they say that it is a loop hole and INS is aware of that and they are going to shut it down very soon. Meaning, going forward you cannot apply for an H1 B extension(aftre 6 years) until your labour is cleared and you have a receipt saying I-140 has been filed.

Was anyone in the same situation? And is this correct? I just want your opinions on this

Help needed.
 
I am in the same boat; My attorney said diffrently;

Hi, My H1 is getting expired by december, 02 and filed my labor last year. My attorney told me that they are confident enough to get my 7th year extn. based on my labor being filed 365 days prior to my H1b expiration. It seems they received some memo from INS or AILA about this. My attorney is very big and I work for fortune 50. I don\'t know how far its true but it seems they received the memo on tuesday., i.e april 30th.
 
That\'s some good news!!

TNSEA,

I too work for the number one financial firm and our attorney\'s are
one of the best. I got the above information from them and I\'ll double check with them too. Can you get further details from your attorney regarding the new memo. This would help me a lot.
 
My 2 cents

I also work for a big company, not fortune 50 or number 1 though. This is what I know : As of last week INS had not issued clear regulations on the AC 21 law. INS indicated in March they the regulations will be issue in a month or two. So if they issued the regulation clarifying the illegibility for 7th year H1B that would be great.

IF YOU GET ANY MORE INFO PLEASE SHARE.

I am in the same boat as you guys. Labor applied in May01 in NJ, RIR . Struck up because of backlog. Nine more months left for 6 year limit to expire.
 
Had a conference call with my attorney

on Tuesday, April 30th along with my HR Manager and my attorney told me that they can apply for my 7th year extn 6 months prior to my 6 years limit expires. They also told me that they are confident in getting the extension but not like 100% guaranteed. They said nothing is guaranteed with INS. That would provide me with enough time to let the dust settle down and plan my future. They also told me that, If I fail to get my 7th year extension, I may have to leave the country. But I will be having 5 months to get prepared to leave the country. They said they would continue my green card process in case if I leave the country.
 
Look at the message I posted

It\'ll help U out a great deal....Make sure u read the attachment too and show it yur attorney.

NYBANKER
 
Read the attachment

Read this and show it to your attorney

Also read my posting from May 3 on this

NYBANKER
 
No Title

the letter states for the case where the applicant has a labor application approved and I-140 filed with an another employer and now is extending H1 for a new employer who has also filed labor which has been pending for 365 days. it is not very clear as to an applicant whose labor is pending beyond 365 days but not approved.
 
No Title

what do you mean there is a loophole. no where in the published rules does it say just pending labor certification beyond 365 days. it always says beneficiary of an immigrant petition which means I-140 and atleast 365 days since filing of labor. does the attorney have first hand knowledge of approvals or better has he got success in extending H1 beyond 6 years based on pending labor greater than 365 days. If so then that would be very encouraging for us all. do let us know.
 
No Title

kuversa,

Are you asking me? If so, applying for a 6 year extension if PD > 365 days is a loop hole it seems and my lawyer say\'s that. He also says only in some speciality cases they can do that ...and I am not clear about those cases. Hope I am clear.
 
dont run into conclusions!

Firstly, thanks to NYBANKER!!!

Others do not run into conclusions..

I spoke to attorney and they say that
my case can be extended..since comp A
got LC approved and I140 recipt was obtained..

Comp B labor is pending..( 365 days..
therefore 7th yr extension is possible.
 
H1-B 6yrs expiring in oct \'02. Got Visa ext. for another 3 yrs. labor 365 days old. ext possible ?

My H1-B 6Yrs. expiring on Oct 30 \'02. I took around 4 months Vacation during this period. Somehow my Current H1 is Valid till Mar\'2004. My Lobor is now pending more than 365 days. Can someone guide on following?

(1)What will be my actual expiration oct\'02 or Oct 30 \'02 + 4 months = Feb end 03 ?
(2) Since my H1 is already up to Mar\'2004 do i need to apply for extension of 4 months ?
(3) Can i apply for H1-B extension as labor pending more than 365 days ?

I will appreciate your reply. Thanks in advance.
 
why do you want to extend h1?

you have a notice from ins showing your h1 validity till march 2004. so what is the problem? have you got a visa stamp in your passport till 2004? if so i don\'t think you need to worry about extending H1. this is just my personal opinion. however please do check with your attorney or get second attorney opinion. as for extending H1 just based on labor pending more than 365 days is a gray area. i have heard some people filing for NIW I-140 and using that and pending labor more than 365 days for applying for H1 extension. you can discuss further with your attorney and get a second opinion also.
 
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