What documents required for 7th year extension?

Discussion in 'H-1 6 Years Expiring' started by Akash Sharma, Jul 25, 2003.

  1. WaitingonLC

    WaitingonLC Registered Users (C)

    Need help urgently

    Labor and H1 question..
    Hi Guys,

    I need some help/suggestions in the following situation.

    My Current H1 expiring on 03/20/05.By that time I will be completing 5 years and 3 months on my H1.
    So I am left with 9 months on my h1 visa for 6 years to complete.My current LC is pending more than
    a year with SF(San francisco).My DOL received date is June ,16,2003.My questions are as follows

    1)If I want to apply for My H1 extension is it better to apply 9 months alone or is it better to apply 9 months +
    1 year ( 7th year labor extension as per AC21 rule)...

    2)Is it better to apply my h1 before six months of expiry or Just a month before h1 expiry date?

    Any help/suggestions will be appreciated.Thanks
     
  2. waitingformylc

    waitingformylc New Member

    Need info on how to get 7th year extension

    hi,
    I need some info on getting 7th year extension. My 6 year H1-B limit will be exhausted in Dec'04. My current employer filed LC on behalf of me in March'03. and it is crossed 365days limit. I am planning to change my job since my current employer not doing so good and planning to cut head count. I have the LC receipt from current employer. Do I need any other documents from current employer to get 7th year extension if I change job to another employer and file 7th year extension from them. What happens if my current employer revoke the LC if I change the job.?

    Please help me on this.

    thanks.
     
  3. free will

    free will Registered Users (C)

    H1 6 year limit

    Hi, guys I need your advice.

    My wife is trying to get her H1 now (she was H4 for 4 years).
    1. Can she get new 6 year limit on her H1?
    2. Or just 2 year because she already used 4 year as H4?

    Which one is correct?
    Thanks for your advice in advance.
     
  4. WaitingonLC

    WaitingonLC Registered Users (C)

     
  5. higcoptimist

    higcoptimist Registered Users (C)


    Hi,

    As regards the LCA copy, do we attach the original LCA copy obtained at the time of obtaining the H1B or do we need to get a new LCA for the 7th year extention? Thanks in advance

    Higcoptimist
     
  6. help4lc

    help4lc Registered Users (C)

    H1B Cap / 7th year extension

    The U.S. Citizenship and Immigration Services (USCIS) announced on the evening of Friday, October 1, 2004 that the H1B cap has been reached for fiscal year (FY) 2005. New H1B petitions may be resubmitted no earlier than April 1, 2005, allowing them to start work only on or after October 1, 2005.

    6 years on my H1 visa end on June 2005. How does this rule affect me if have to apply for 7th year extension ?
     
  7. Billtoo

    Billtoo Registered Users (C)

    Not for 7th year

    It won't affect.

    U are not counted against the quota.

    Good luck
     
  8. ma72

    ma72 Registered Users (C)

    Is a new LCA required for 7th year extension when filing I-129

    Do we need a new certified LCA or the old one that was filed with the second three year H1b is enough (if you have been with the same employer) when filing for 7th year extension.
    Also, does filing I140 and I 485 qualify to extend for 7th year H1b even though the I140/I485 filing is less than 365 days old
     
  9. higcoptimist

    higcoptimist Registered Users (C)

    Hi MA72,

    Yes, you do need a fresh one for the 7th year extension. I had to go through this very recently and my company lawyer has just obtained the recent wage survey info for filing the LCA and the H1B extension.

    As regards the filing for the 7th year extension, if your GC application is pending for more than 365 days after the filing for Labor, you are eligible for the extension. The 365 days waiting could be just for labor or Labor + I140 + I485. These are my thoughts. You may want to consult your attorney.

    Higcoptimist
     
  10. ak19

    ak19 Registered Users (C)

    I have similar question

    I am currently on H1B and completing my 6 Years in Jan 2006. I am currently with one company (A). I want to file for labor application so I can file for 7 Th year extensions.

    But I don’t want to work for same company (A) in 7 Th year.

    Can I file my labor application from some second (B) company now as future employer (without filing H1B with them now)?

    Then after one year (when I complete 6 years) can I file H1B based on labor application pending for more then one year for 7 Th years H1B extension and transfer to company (B).
     
  11. ma72

    ma72 Registered Users (C)

    thanks higcoptimist
     
  12. ginnu

    ginnu Registered Users (C)

     
  13. ak19

    ak19 Registered Users (C)

    if my I 485 rejected then can I apply for 7 th yr ext

    I have my I 485 pending from company A. Currently working with his company.
    I am on H1B with this company currently.
    I have another LCA pending from Company B as future employee


    In case my I 485 rejected. Can I file for 7 Th yr extension based on labor application pending from company B.Am I eligible for that?

    Thanks
     
  14. outofthebox

    outofthebox Registered Users (C)

    Proof for 7th Year extension

    :confused: I was applying for my H1 extension. Do I need to get a special letter from Labor department to prove that my Labor is Pending for more than 365 days?
    I have a letter from DOL saying that they have received the application from State as on December 2,2003. There is a small heading that mentions the Date of acceptance for processing February 6, 2003. Will this letter be enough as a proof?

    Thanks You
     
  15. laborApprooval

    laborApprooval Registered Users (C)

    documents needed

    what documents are needed for 8th yr extention when labor is approoved and 140 and 485 is pending


    same LC receipts and letter from labor dept or something else like 140 receipts?? and any letter from uscis??? and how can one get that??

    thanks for all your response.
     
  16. augustasylee

    augustasylee Registered Users (C)

    H-4 for adoption
     
  17. kalifornia_resi

    kalifornia_resi Registered Users (C)

    7th year H1-b extension

    Hi,
    Very informative,comprehensive and lively forum. Thanks for the info guys. Ok although I read through the entire forum, I think I will still ask my question. Here is my case.

    Working for Company A from the last 4 1/2 years. LC filed and pending for 3 years. A year ago (while Comp A was having layoffs), I applied for LC through a small company B in IL as a future employee. That LC too is pending for over 365 days now. Currently I have about 13 months of H1 left before I hit the 6 year limit.

    Now the problem, Comp A is likely to have another round of layoffs and I am not sure how my position will go. Now that I have 2 LCs pending for over 365 days each, If I lose my job with Comp A, Can I apply for H1-B extension from some new Comp C based on the pending LCs? The answer is quite easy, yes. But the tricky part is, I DONT have DOL receipt notices from neither Comp A nor B. You know how it works, my attorney says he cant give out copies of receipts because legally the LC doesnt belong to me yet.

    So How do I overcome this situation? Maybe people will ask to go and work for Comp B but its a very small company(typical ethnic consulting firm). So that kind of rules it out. Is there a way where I can legally get copies of receipts for the purpose of submitting them to US Immigration Service?

    Anyway I understand my question is long and I typically contradict myself. Maybe the wait over LC(still at state SWA) has finally got me!

    Good luck all you guys. :)
     
  18. Grandhipal

    Grandhipal Registered Users (C)

    timeline for filing 7th year extension

    Hi,
    My H1 (6 years) will expire by July 2005. LC was filed about 3 years ago and got approved. Filed for 140/485 under concurrent processing but subject to retrogression. There is a round of job cuts in our company around July 2005 and don't know whats going to happen. I really want to get 7th year extension approved so that I can move to another company and start over. But the company lawyers say that they can't file for H1 extension until 2 months before H1 expires.
    1. Is this (2 months) a USCIS mandate?
    2. If for some reason I can't get H1 extended by July and had to move on, can I still get 7th year extension after joining a new company based on labor from my current company?
    3. Any thoughts on how long it is taking for H1 extension (non-premium)?
    Thanks
     
  19. WaitingonLC

    WaitingonLC Registered Users (C)

    Ginnu and Gurus need urgent help

    My H1B will expire by Dec,2005.My Labor applied in 04/23/04 and got approved on 06/20/04.AM I eligible to file H1B 7th year extension based on my approved labor which is applied more than 365 days? Any help will be appreciated.
     
  20. yxd0018

    yxd0018 Registered Users (C)

    anyone who get labor letter indicating filing date and case # recently?

    anyone who get labor letter indicating filing date and case # recently? I've been waiting for a month and get panic because my 6th year h1 will expire next month. Thanks a lot.
     

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