Just Curious

Hello Everybody,

Six years of H1 will expire on 30 June 2004 - Labor Certification
Application was filed in Feb 2003. Applied for 7th year H1 Extension
on March 2004 using Regular Processing. Denial came July 2004 stating
that extension request was invalid because it was filed "too early"!!
- Meaning current H1 expires on June 2004 so we cannot file for 7th
Year extension before that.

Has anyone come acorss this situation? If so how to go about resolving
it?


Thanks

AZXML

J. J. Farrell

"Just Curious" <[email protected]> wrote in message
news:[email protected]...
    > Six years of H1 will expire on 30 June 2004 - Labor Certification
    > Application was filed in Feb 2003. Applied for 7th year H1 Extension
    > on March 2004 using Regular Processing. Denial came July 2004 stating
    > that extension request was invalid because it was filed "too early"!!
    > - Meaning current H1 expires on June 2004 so we cannot file for 7th
    > Year extension before that.
    > Has anyone come acorss this situation? If so how to go about resolving
    > it?

This sounds like a mistake. You can't apply for a 7th year until the
LC has been outstanding for a year, and you can't apply for any H-1B
extension until 6 months before the expiry of the current one. The
dates you give fall within these limits. Maybe they are now applying
tighter limits, but I don't know what they are.

It sounds like you've technically been out of status since the end
of June. My guess is the best thing would be to apply again with a
formal explanation of why the application is late. I would advise
having a good attorney deal with this.