urgent --- H1 extension after I-140 approval

A

astra

Registered Users (C)
My 140 is approved and I have opted for CP. My case is with NVC. My H1 is expiring in March 2004.

This is what my lawyer said .....
"The 7th year extension says if you have a pending labor cert or I-140 and it has been pending for 365 days or more then you can get a 7th year extension. If your I-140 is approved and you are consular processing you technically have no basis for filing the extension."

My lawyer is recommending AOS instead.

Please let me know if anyone has been in this situation & whether I can file H1 extension.
 
Your lawyer sounds logical... and correct.
Any thing pending with INS (or >365 in LC) would make u take advantage of extension of H1 through 7th year.

You didnt file anything with INS, then INS do not give this extension facility....

Go ahead with AOS

all the best



I am only one of you.... not a lawyer
 
astra

Hi Astra and GCC RAWL,

I think, when you look at AC21 closely, if you labor certification / I-140 was filed one year before 6th year limit and "YOUR IMMIGRATION IS NOT COMPLETE",

then you get qualified for 7th year extension.

I have discussed this stuff with my Lawyer (I am in the same boat) and he don't see any problem. One of my friend was in similar situation and they got his H1-B Extension approved.
 
Astra

Astra and GCCRAWL,

Take a look at AC-21 E.- 106 -- Special Provisions for Lengthy Adjudication

It permits H1-B Non-Immigrant to obtain an extension beyond 6 year period under following circumstances.

A. h1B is a beneficiary of Employment based Immigration Petition or an applicant of Adjustment of Status

B. 365 or more days have passed since filing of labor certification application or EB Immigrant Petition.

So you need not be AOS, you can be CP and still your adjustment has not completed.
 
kkulkar:

You mentioned you are in the same boat... when is your H1 expiring? Have you already received the extension?
 
Astra

My H1-B 6 year terms expires on 18th Jan. 2004. I was out of the USA for 1 month so my attorneys may ask for 1 month more.

So effectively my 6 year term will end in Feb 2004. I have not yet applied for extension.

But I know one case, whose 6th year term expired while waiting to appear for CP Interview. His attorney applied for 7th year extension and he got his extension.

Hope this helps.
 
kkulkar:

When are you scheduled for interview?
Are you planning to apply for extension?
 
Hey Astra

Let us talk.

Are you the same Astra from CP TRACKER? Please provide me your contact info and I will mail or phone you.

Please note, I am not able to send e-mail to hotmail account from my company's e-mail account.
 
yes... I am the same astra from cptracker...i have updated cptracker comment section.. it has my phone no. can u call me now?
 
I had my H1-B extension

I-140 Approval date: 05/20/2003 ( Going for CP )
H1-B 6-year complete 08/23/2003
New H1-B 7-th year issued on 05/30/2003

There is no problem with 7th year extension and CP

If at all any then talked to somebody at Rajiv's office.
 
Before or After

It doesn't matter. If you have approved I-140 then you need to submit that with the application; in my case I submitted the approved LC.

Talk to somebody at rajiv's office. They know better than me.
 
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