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  #1 (permalink)  
Old 02-11-2009, 03:34 PM
Member
Priority Date
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Dec-05
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I140 Mailed Date
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11/10/2005
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India
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I485 Mailed Date
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07/19/2007
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Default HI1B 7 year extension questions

I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

My six year visa expires in Sep 07, 2009

a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
c) Can we include the dates for some one is physically not present in US
d) What supporting documents are needed to prove that some one was not present in US?


Thanks
Senthil
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  #2 (permalink)  
Old 02-11-2009, 03:40 PM
Senior Member
Priority Date
:
Dec-06
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EB2
I140 Mailed Date
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12/13/2006
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:
India
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I-485
I485 Mailed Date
:
07/13/2007
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Quote:
Originally Posted by akilaakka View Post
I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

My six year visa expires in Sep 07, 2009

a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
Ans: What you read is true.

b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
Ans: It would be from the date they officially received your application.

c) Can we include the dates for some one is physically not present in US
Not sure what you are trying to say here???!!!!

d) What supporting documents are needed to prove that some one was not present in US?
By showing no supporting documents, I guess And why do you want to do that?

Thanks
Senthil
...
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  #3 (permalink)  
Old 02-11-2009, 05:58 PM
Member
Priority Date
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Aug-06
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:
EB3
I140 Mailed Date
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I-140
I485 Mailed Date
:
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Join Date: Jul 2007
Posts: 36
hatighora is infamous around these parts hatighora is infamous around these parts hatighora is infamous around these parts
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Hi, my H1-B expired on Feb 6th, 2009, I have EAD based on I-140 approval and 485 pending (EB3 ROW). Can I apply for extension of my H1-B or do I have to switch to EAD since H1-B expired?
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  #4 (permalink)  
Old 03-02-2009, 02:00 AM
Junior Member
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Jul-06
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I140 Mailed Date
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I-485
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:
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Join Date: Mar 2009
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SL%% can only hope to improve
Default

Quote:
Originally Posted by akilaakka View Post
I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

My six year visa expires in Sep 07, 2009

a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
c) Can we include the dates for some one is physically not present in US
d) What supporting documents are needed to prove that some one was not present in US?


Thanks
Senthil

a.) true, like me
b.) as far as I know, it doesn't matter. what is important is you should get your extension filed before Sep 07, 2009 (should be with USCIS on hand). so basically by now Mar. 09, you can start filing for your extension.
c & d.) I don't understand this, are you out of US?



Quote:
Originally Posted by hatighora View Post
Hi, my H1-B expired on Feb 6th, 2009, I have EAD based on I-140 approval and 485 pending (EB3 ROW). Can I apply for extension of my H1-B or do I have to switch to EAD since H1-B expired?

H1-B extension = yes you can, either your second 3 year extension (total of 6) or the yearly extension after the 6th year until you get your GC.

IMHO, better to go both H1 extension AND EAD but not necessary UNLESS you want to change employer. if you want to change employer then EAD is a MUST because your H1 is based from your current employer. on the other hand, if you are staying on your current employer and no plans on getting out then H1B-Extension is good enough.

The reason why it is safer to have both H1-Extension and EAD is that, just in case for some reason your current employer fires you or something goes wrong with the company, you have a safe haven on an EAD because you can work (same occupation of your H1) legally and need not worry of your status.
__________________
Labor Cert = Approved
I-140 = Approved
I-485 = Pending (July 2007 Fiasco Filer)
PD = 07/03/06

Last edited by SL%%; 03-02-2009 at 02:04 AM.
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  #5 (permalink)  
Old 03-02-2009, 10:51 AM
Member
Priority Date
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Dec-05
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I140 Mailed Date
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I485 Mailed Date
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07/19/2007
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Join Date: Jul 2007
Posts: 53
akilaakka is a glorious beacon of light akilaakka is a glorious beacon of light akilaakka is a glorious beacon of light akilaakka is a glorious beacon of light akilaakka is a glorious beacon of light akilaakka is a glorious beacon of light
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Thanks SL & Lost in GC process,

Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

Thanks
Senthil
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  #6 (permalink)  
Old 03-02-2009, 11:37 AM
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Quote:
Originally Posted by akilaakka View Post
Thanks SL & Lost in GC process,

Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

Thanks
Senthil
If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.


____________________
Not a legal advice
US citizen of Indian origin
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  #7 (permalink)  
Old 03-02-2009, 09:10 PM
Junior Member
Priority Date
:
Jul-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Philippines
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2009
Posts: 18
SL%% can only hope to improve
Smile

Quote:
Originally Posted by akilaakka View Post
Thanks SL & Lost in GC process,

Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

Thanks
Senthil
For the first one, I don't think that is applicable. As to what I know it doesn't matter whether you left for 1 day, 2 mos or whatever, your expiration still stands and cannot be change. No rollover or so hence Sep. 07, 2009 still stands for you.

For the second one, seems like desi3933 answered your question.
__________________
Labor Cert = Approved
I-140 = Approved
I-485 = Pending (July 2007 Fiasco Filer)
PD = 07/03/06
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  #8 (permalink)  
Old 03-03-2009, 02:22 AM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
12/13/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/13/2007
Compare
Join Date: Jun 2008
Posts: 523
LostInGCProcess has a reputation beyond repute LostInGCProcess has a reputation beyond repute LostInGCProcess has a reputation beyond repute LostInGCProcess has a reputation beyond repute LostInGCProcess has a reputation beyond repute LostInGCProcess has a reputation beyond repute LostInGCProcess has a reputation beyond repute LostInGCProcess has a reputation beyond repute LostInGCProcess has a reputation beyond repute LostInGCProcess has a reputation beyond repute LostInGCProcess has a reputation beyond repute
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My answers in Blue....
Quote:
Originally Posted by akilaakka View Post
Thanks SL & Lost in GC process,

Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
Yes, you can recapture the time spent outside the US on your H1b...if thats what you are trying to ask...usually that is done when you are approaching the 6th year on theH1b

One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Desi3933 has answered


Thanks
Senthil
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