Urgent- GC application sent back from State - less than 1year

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visahelp

New Member
Dear Sir,

I had filled my application gc from Virginia last year in nov 2004. This year on March 24 th I got the application back from the state.The lawyer is saying he did not get any reason why the application was sent back.

I have 5 years on my H1 completed on March 7th 2005. In order to get an extension I have to fill my GC for 365 days. Now I have re-sent my application on March 24 th.

So do I have 1 year of filing status? Will my filing done in Nov be considered?

Technically I have less than 1 year from Mar 24 2005. But I was on a vacation for almost 30 days over the period of 5 years on H1 where I was out of US in India. Will those days be counted on my H1?

Thanks
 
How do I get myself eligible for 7 th year extn

How do I take care of this issue, if I have to stay and get the 7th year extension, do you all have any suggestions for me.

Thanks and Regards
 
visahelp said:
How do I take care of this issue, if I have to stay and get the 7th year extension, do you all have any suggestions for me.

Thanks and Regards
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First of all, there are way outs. One of those being: get a pre-approved LC from some other employer. This LC should have been filed before your 6th year on H1 started. Most likely if you get such a LC it will be before your 6 yr H1 start date, March 7th 2005. You can use this LC to get your 7th year H1. But keep it as a "plan B" for now.

Coming to your current LC, as CoolDesi has said, there is definitely some thing that you are not informed about. I can think of one reason why the application can come back. Lets say your employer filed your LC for a wage of 65K. DOL determined that the wage should be 80K. They will send a letter to your employer and lawyer to revise the wage or the application will be rejected. This might have happened in your case or it might be something like this. Try to find out the reason first why the application came back. I have hard time believing that DOL just sent the app back without any reason.
 
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