Discussion:
When H1 Extension should be filed for 7th year?
  Hi All,
Namaskar !!
For me March 2005 is teh last month of my 6 years stay on H1B. My employer has already filed my Green Card (Labor) in July 2003.
Now my question is when my employer should file for the 7 th year extension of H1B if needed ?
Thanks in advance for your guidance.
- Bharatpremi
Answer:
Hi All,
Namaskar !!
---- AAO Bharat Premi ji
--------Namaskar, Parnam, Sat Siri Akal and Namastey
For me March 2005 is teh last month of my 6 years stay on H1B. My employer has already filed my Green Card (Labor) in July 2003.
Now my question is when my employer should file for the 7 th year extension of H1B if needed?
------------------ Your employer filed LC in July 2003; your LC will be pending more than 365 days in July 2004, your employer can file 7th year H1 extension any time 6 months before March 2005 with evidence that LC was filed 365 days back
I hope your LC may be approved before your H1 expires in March 2005 if LC gets approved file I-140, I-485, EAD and AP. Once you receive the I-485 filing receipt attach the copy of I-485 filing receipt or I-140 filing receipt and file for 7th year H1 extension. It is better to be on H1 till the time I-140 gets approved
Good Luck!!!
Answer:
Dear Ginnu,
Namaskar and Sat Sri Akal !!
Thanks for your eloborative, convincing, methodical and detailed answer. Only one confusion -- In case of Filing EAD Do I need to go for 7th year extension? Which option is better .. Go for EAD OR go for 7th year H1 Extension? Can I do like-- go for 7th year extension for me and for my spouse (H4 currently) fo for EAD OR viceversa..?
Thanks in advance..
- Bharatpremi
Answer:
Dear Ginnu,
Namaskar and Sat Sri Akal !!
Thanks for your eloborative, convincing, methodical and detailed answer. Only one confusion -- In case of Filing EAD Do I need to go for 7th year extension? Which option is better .. Go for EAD OR go for 7th year H1 Extension? Can I do like-- go for 7th year extension for me and for my spouse (H4 currently) fo for EAD OR viceversa..?
Thanks in advance..
- Bharatpremi
Answer:
Dear Ginnu,
Namaskar and Sat Sri Akal !!
Thanks for your eloborative, convincing, methodical and detailed answer. Only one confusion -- In case of Filing EAD Do I need to go for 7th year extension?
----- You can file for EAD only when you file I-140 , I-485 and then you apply for AP and EAD, before that you can not apply EAD. EAD is based on Pending I-485. better go for 7th year H1 extension it is in your interest because if anything goes wrong with I-140 then EAD, AP I-485 all get denied. It is always better to be on H1 till the date I-140 gets approved. Having EAD has nothing to do with H1, you can have EAD and H1 at the same time, many keep EAD as back up if laid of so that they can use EAD
Which option is better .. Go for EAD OR go for 7th year H1 Extension?
------ I will get my 7th year H1and spouse H4 extended and will also keep valid EAD and AP with me
Can I do like-- go for 7th year extension for me and for my spouse (H4 currently) fo for EAD OR viceversa..?
----- Go for 7th year H1 and also file H4 extension of your spouse and also apply EAD for you and your wife. That way you both will have H1 and H4 extended and both will have EAD then decide if you or your spouse want to use EAD. One can have H1, H4 and can also have EAD
Answer:
Dear Ginnu,
Superb!! Man, you replies simply great and that way your help in understanding this complex matrix is great.
- Bharatpremi
Answer:
Hi guys,
I am with xxx comapany, I was working in my company's oregon office and my LC was applied in Dec 2001(priority date 12/21/01) in that state and it is not approved yet.
My company has its headquarters in North Carolina and I was moved to head quarters in september 2003 and they applied my LC again in North carolina in October (priority date 10/4/03).
There is no change in my job nature.
My 6 years expires on 10/19/04.
Based on my 2nd LC, I think we cannot apply for 7th year extension till October 2004.
Is it possible to apply for 7th year extension based on my earlier LC(of 12/21/01)?
Answer:
Well your LC was filed on 10/04/03 and your last day is on 10/19/04. So in my opinion, your employer can file for your 7th year H1 extension with the submission of copy of your second LC as a proof because time gap seems to be more than 365 days.. but you know I am not a legal person so you better take advise of yor and/or you employer's lawyer. On this board, in my experience Ginnu seems to be far knowledgeable regarding all here laws.. so you can also wait for his answer too..
Thanks.
- Bharatpremi
Answer:
HI
Based on the dates you put fwd. Here is what i think you can do,
Your Second LC will be past 365 days on 10/4/04.
I am asumming You have a valid H1 till 10/19/04
You can apply for H1 on 10/05/04 one day after your LC is past due for 365 days.
Per the existing laws you need to have a pending petition with INS to be in status and to be able to work. If you want to make sure to have a approved H1 do it thru Premium processing and hope fully you will have an answer by 10/20/04, your company has to shell $1000 extra
I am not a legal person so talk to your lawyer to make sure you have the right advice
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