Visa extension?????????

N

Nikki Bedi

Registered Users (C)
Hi there,
My company filed for my labor certification in June, 2001 in the EB2 category. So far I have not cleared the labor and my H-1 visa expires in June 2002.
There is a small possibility that my labor would be cleared by then and I-140 filed. In this case scenario, how does the new immigration law apply? I fail to understand how it works. I mean, if I clear the labor and file for I-140 before June 2002, would I be safe enough?
My visa expires on June 9, 2001 and I filed for labor on June 09, 2001.
Please advise.
Thanks,
Nikki.
 
H1-b extension

You can apply for your 7th year of H1-b stay only if you complete 365 days after you apply for I-140.

thks
swamy
 
7th year of H1-B stay

Hi Mr.Swamy, I have the following info. I don\'t exactly remember from which website I picked it up. Have you heard anything about it?

XXXXXXXXXXXX

UNCLASSIFIED
TELEGRAM
June 11, 2001

To: ALL DIPLOMATIC AND CONSULAR POSTS - ROUTINE

Origin: VO

From: SECSTATE WASHDC (STATE 102000 - ROUTINE)

TAGS: CVIS

Captions: VISAS

Subject: OTHER NEW H-1(B) PROVISIONS

Ref: (A)P.L. 106-313, (B)STATE 27960

1. SUMMARY: In addition to the changes mentioned in ref. B., Public Law 106-313 (The American Competitiveness in the 21ST Century Act of 2000) also provided for extension of authorized stay beyond the statutory limit of six years in H-1B status if:

(1) an H-1B alien is a prospective immigrant under INA 203(b) and

(2) the petition, labor certification, or the alien\'s application for adjustment of status has not been acted upon for 365 days or more.

...................
....................

XXXXXXXXXXXXXXX
 
7th year entention

Changes for EMPLOYEES

Green Card:?Under the new law if you are an Employee:

?You will be able to extend your H-1 (but NOT L-1) beyond 6 years if your I-140 has been filed and:
?your labor certification or I-140 was filed 365 days earlier;
OR
your I-140 is pending or approved AND your priorty date is not current.?In other words, the safe harbor for you has been shifted to I-140 instead of I-485.

I copies this from this website (immigration.com). My understanding is as long as the I-140 is filed and 365 days have passed since the day LC was filed, 7th year extention should be granted.

Nikki seems to have limited time. But Nikki, I learned it from people over here that if you made trips to other countries during your 6 year H-1B period, there is chance that those periods can be deducted and you may get some more time beyond your expiration day. You need to consult your attorney. Good luck.
 
What if I\'m short of one week?

Thanks for the info. I understand that I need to have filed my labor atleast 365 days before the visa expiration. My labor is still in process, the bad part is that I am 7 days short of the required 365 days. In this case scenario, what should I do? Should I take a quick vacation or maybe have my attorney take my previous vacation into account?
Please advise.
Thanks a lot,
Nikki.
 
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