What documents required for 7th year extension?

Akash Sharma

Registered Users (C)
#1
Hi,

One of my friend is approaching his 6 years limit in Nov-2003. His I-140 got approved and waiting for 485 get approved. He filed 485 in Feb-02 in Neb. center. He is is thinking to file 7th year extension since we dont know how long 485 will take to approve. Can anyone tell me, what documents,fess,etc.. required to file 7th year extension and what is the procedure?

Thanks.
 

badobo

Registered Users (C)
#2
For primary petitioner
1.Send the I-129 form and H supplement
2. I-129 W.
3. Letter fom petitioner
4. LCA copy.
5. Ur I-94 s
6. All I-797
7. recent paystubs
8. Evidence of qualifications
9. Filing fee
10. Copy of visa stamps
11. Proof that u are eligible for 7 th yr extension

For spouse
1. I-539
2. Copy of dependent's I-94, I797 and visa stamps
 

andyy

New Member
#5
H1B beyond 6 years

I got my 7th year H1B/Extension approved based on 365 days of Labor Pending. My attorney got the receipt from the Department of Labor as a proof.

I was woried because it was filed 10 days before the end of 365 days due to only 2 day window between 365 days and H1B's limit.

If possible it is good to wait until 365 days before applying for the extension. You will get it approved from the day of the original H1B expiring.
 

sunnybab

Registered Users (C)
#6
Is it possible to file for 7th year extension before 365 days have been completed ?
[ My h1 6 year limit expires on 03/05/04 and my labor was filed on 02/27/03 so I I have only 5 days gap between my h1 6 year limit and 365 days of labor pending . ] so can I file few days in advance before 365 days just to be on safer side .

Thanks
 
#7
I was also in similar situation

I had only 2 day window between 365 days and 6th year expiry.
My attorney filed 10 days before the end of 365 days.

I was very concern, but everything went well and it was approved on July 2003.

In your case- 5 day window, I think you can time it appropriately. Just send it to INS the same day 365 days gets over by overnight so that INS will send receipt within that 5 days. Keep all the proof of application in hand including Courier receipts.
 

taz123

Registered Users (C)
#9
PLEASE HELP

Friends,

I am in serious trouble and I would appreciate your advice. My Labor was filed in march 2002 . My H-1 expires Sep 27 2003
My company and the lawyer who filed my Labor had some differences regarding money etc.. and my company refuses to work with him.
I need to file my H-1 extension and my company is willing to do that through another lawyer. I have also followed up with my old lawyer and gotten a copy of my entire Labor file.But. my company says that I need to have a Labor filing receipt to file H-1 extension. My old lawyer says that there is no such thing and he says that the Labor Application should suffice while filing for H-1 extension.
Friends, is there such a thing as a Labor receipt ? What are my options in case I can't get hold of the Labor receipt.

Thanks.
 
#10
Receipt

In NJ even an employer can request receipt from Department of Labor. I do not know about other states, but it should be possible. You may ask your employer to call the Department of Labor to request a receipt. I think Dept of Labor agreed with INS to provide receipts on requests. But I think receipt is a necessity for filing the 7th Year. If things are very critical, you can go ahead and file the H1B and then respond to RFE with receipt later, but try your best to get the receipt.
 

saugup

Registered Users (C)
#11
H1 7th year - No Receipt

My LC was filled in Dec 2001 with MD and we have not got any receipt from DOL. My lawyer says that its very common not to get any receipt. I checked the other forums and not getting receipt is described as common.

My 6th year for H1 is ending October 2004. Should I be worried? What are my options? Is the Fedex receipt suffiecient enough or not? What can I do? I don't think my LC will be cleared by the time I will be ready to file for the extention.

What are my options? Should I ask Lawyer to do something about it right now or lawyer will be easily able to get th receipt or do something later on.

I will really appreciate any insight regarding this.
 
#12
H1 expiring

Hi All,

My H1 (all 6 yrs) is expiring in early 2004 and my present
company has not started my green card yet. However,
my previous company had started the labor cert. in Apr 2001
but in a different state.
I'm wondering what my options are at the moment. Can
my H1 be extended in any way?
Or, is it possible to convert it to an L1 ?

Please advise.

Thanks.
 

gc66

Registered Users (C)
#13
Do I have to get new LCA for 7th yr H1 extension?

Hi all,

I'm planning to file 7th year extension, and find that following documents are needed. There seems no much difference between filing for extention and filing for a new H1? If I have been staying in the same company for the same position,

1. do i need to send evidence of qualifications again, such as degree certificate etc..,
2. Do I have to apply for a new LCA, or use the one got 3 years ago?

Thanks

Originally posted by badobo
For primary petitioner
1.Send the I-129 form and H supplement
2. I-129 W.
3. Letter fom petitioner
4. LCA copy.
5. Ur I-94 s
6. All I-797
7. recent paystubs
8. Evidence of qualifications
9. Filing fee
10. Copy of visa stamps
11. Proof that u are eligible for 7 th yr extension

For spouse
1. I-539
2. Copy of dependent's I-94, I797 and visa stamps
 

4Dharma

Registered Users (C)
#14
7th year extension and visa stamping

Folks,
I have a typical problem... My six years really end Feb 2004. But the last extension was wrongly done till Dec 2003. I have the visa stamping also till Dec 2003. Now I have the H1B approval for Dev 2003 till Feb 2004. Do you think I should send this for stamping to St. Louis? It takes 12 weeks to get it done (end Feb 2004) I am worried that if I do so, department of state will not stamp it.....
The 7th year extension is also getting premium processed... Should I wait till I get that and then send for stamping with 2 H1B approval notices?
I am getting worried about my sitiuation please help by giving me your experiences / advice....

Always for Dharma....
 

LabCheck75

Registered Users (C)
#15
Hi Guys,

Nice to see all of you working together for your GCs and H1s. I wanted to join the group , i filed my case as future employment from florida(in april 2003) through a small company X. The employer said the case got approved from state and has been forwarded to region.
I have recently completed 5 Yrs on my H1. I also have a labor going through the current employer (Company-Y) from New York applied in May 2002.

Can someone answer me these Questions:
1) If company Y lays me off , can i apply for 7 yr extension using my future employment GC company X.
2) if yes, how soon should i apply or when. Do i have to be on H1 from them during the 6th year to get extension for 7th year.
3) Is it possible to join any Company Z using the H1 extension from company X. I mean is the 7 th yr extension allows to work only for that company?


I would appreciate if you can answer these..thanks a thousand.

Sri
 

7280

Registered Users (C)
#16
4Dharma-

4Dharma,

If your 6 yrs ended in Feb 2004 on what grounds are you still in? Remember an oversight/mistake by INS/USCIS will still be counted as violation/mistake on your part.

You also say that your 7th yr is getting premium processed. I take that your labor/I-485 has been filed and pending for more than 365 days. This would be grounds for seeking extensions beyond 6 yrs. If this is the case, you're clear. But must wait until you have approval for 7th yr. extension before traveling outside. This will show that the I-94 you turn in before departure has the right date. Else DOS document that as overstay.

If above is not right, then you be prepared to leave at moments notice. If 7th yr. extension is denied, you'll have accrued visa over-stay from when your 6 yr. term was over. This means being subject to 3 yr. or 10 yr. ban for 1-180 day overstay and greater than 180 days over-stay respectively.

I'm sorry that my response is late and hope you're not in any trouble. Good luck.


Disclaimer: I'm not an attorney. I don't know ANY law. Get legal advise before acting & I'm not responsible for your actions.

********************************************************************************************************

Folks,
I have a typical problem... My six years really end Feb 2004. But the last extension was wrongly done till Dec 2003. I have the visa stamping also till Dec 2003. Now I have the H1B approval for Dev 2003 till Feb 2004. Do you think I should send this for stamping to St. Louis? It takes 12 weeks to get it done (end Feb 2004) I am worried that if I do so, department of state will not stamp it.....
The 7th year extension is also getting premium processed... Should I wait till I get that and then send for stamping with 2 H1B approval notices?
I am getting worried about my sitiuation please help by giving me your experiences / advice....

Always for Dharma....
 

7280

Registered Users (C)
#17
LabCheck75
again sorry for delayed input.

1. I'd think it is possible. But then, H-1b is job specific. I'd think positions (title); salary; duties shld very closely match between X & Y.

2. 7th yr. extensions can be applied as early as 6 months before the 6th yr. expiration. Proof of filing grants legality to work for upto 240 days, even if 6th yr expiration had already reached, while waiting for the extension.

But make sure your petition is not frivolous. Because if it is and if USCIS rejects 7th yr. extension you will accrue over-stay from the end of 6th yr.

3. I understand you're trying to continue your stay. But, you are complicating things way too much by bringing Z into picture.

Finally, my suggestion that pay a good attorney (if your company doesn't) and get good legal advise before you land into trouble

Disclaimer: I'm not an attorney. I don't know ANY law. Get legal advise before acting & I'm not responsible for your actions.

********************************************************************************************************

Hi Guys,

Nice to see all of you working together for your GCs and H1s. I wanted to join the group , i filed my case as future employment from florida(in april 2003) through a small company X. The employer said the case got approved from state and has been forwarded to region.
I have recently completed 5 Yrs on my H1. I also have a labor going through the current employer (Company-Y) from New York applied in May 2002.

Can someone answer me these Questions:
1) If company Y lays me off , can i apply for 7 yr extension using my future employment GC company X.
2) if yes, how soon should i apply or when. Do i have to be on H1 from them during the 6th year to get extension for 7th year.
3) Is it possible to join any Company Z using the H1 extension from company X. I mean is the 7 th yr extension allows to work only for that company?


I would appreciate if you can answer these..thanks a thousand.

Sri
 

Mona123

Registered Users (C)
#18
Hi,

We will be filling our 7th yr extension next month.Our Labour is pedning since 1 1/2 years.Can u pls suggest any good lawyer.Extension will be filled from California, but we are on project in NYC.

Thanks!
 

ginnu

Registered Users (C)
#19
You have posed the same message 3 times I hope you know how to delete other 2 messages.
We will be filling our 7th yr extension next month. Our Labor is pending since 1 1/2 years. Can u pls suggest any good lawyer? Extension will be filled from California, but we are on project in NYC.
----- H1 extension has to be filed by your employer he has to select the lawyer but if you are in NYC and are allowed to take the service of good lawyer in NYC then you can go to Cyrus Mehta NYC lawyer he is V,good lawyer(www.cyrusmehta.com)

*** get the evidence from past lawyer who filed LC the evidence of LC filing is reciept from SESA or SWA that has PD when LC was recieved, case # employer name and your name on it
 

gc0103

Registered Users (C)
#20
I came in april'98. But my h1 is valid upto august 2004. My lc is pending from 3 years. Do i need to file 7th year extension in april? or can i apply it later. Your input would be appreciated.
Thank You
 
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