H1B extension beyond 6-yr, no application pending
May 1st 2004, 11:40 pm
#1
Guest
Posts: n/a
H1B extension beyond 6-yr, no application pending
I had both LC and I-140 APPROVED and
my LC was filed one year before my 6-yr H1 expiration
But now my employer wants to delay the filing of I-485 application
and plans to keep renewing my H1 beyond 6-year limit
one year at a time indefinitely.
On what base will the H-1 extension application be approved?
Considering NEITHER LC, I-140 NOR I-485 application is "pending and not approved".
I would be surprised if USCIS will approve such an application
since it is a blatant abuse of the AC21 act and
that is not the real intent of AC21 act was.
Thanks,
Sapta
my LC was filed one year before my 6-yr H1 expiration
But now my employer wants to delay the filing of I-485 application
and plans to keep renewing my H1 beyond 6-year limit
one year at a time indefinitely.
On what base will the H-1 extension application be approved?
Considering NEITHER LC, I-140 NOR I-485 application is "pending and not approved".
I would be surprised if USCIS will approve such an application
since it is a blatant abuse of the AC21 act and
that is not the real intent of AC21 act was.
Thanks,
Sapta
May 2nd 2004, 2:20 am
#2
Guest
Posts: n/a
Re: H1B extension beyond 6-yr, no application pending
>Subject: H1B extension beyond 6-yr, no application pending
>From: [email protected] (Sapta)
>Date: 5/1/04 7:40 PM Eastern Daylight Time
>Message-id: <[email protected] >
>I had both LC and I-140 APPROVED and
>my LC was filed one year before my 6-yr H1 expiration
>But now my employer wants to delay the filing of I-485 application
>and plans to keep renewing my H1 beyond 6-year limit
>one year at a time indefinitely.
>On what base will the H-1 extension application be approved?
>Considering NEITHER LC, I-140 NOR I-485 application is "pending and not
>approved".
>I would be surprised if USCIS will approve such an application
>since it is a blatant abuse of the AC21 act and
>that is not the real intent of AC21 act was.
>Thanks,
This makes no sense. You need to consult a lawyer. Ask whether you will be
safe if you left that company, especially if they withdraw the I-140 to get
back at you. If it is safe, then insist that your employer help you file the
I-485. You are the one who files it, not them. They just provide the employment
letter. Based on your lawyer's advice, you could then tell the employer: either
support the AOS or you lose me. Tell them you want your green card. However,
make sure that you have a reasonable job offer to fall back on.
>From: [email protected] (Sapta)
>Date: 5/1/04 7:40 PM Eastern Daylight Time
>Message-id: <[email protected] >
>I had both LC and I-140 APPROVED and
>my LC was filed one year before my 6-yr H1 expiration
>But now my employer wants to delay the filing of I-485 application
>and plans to keep renewing my H1 beyond 6-year limit
>one year at a time indefinitely.
>On what base will the H-1 extension application be approved?
>Considering NEITHER LC, I-140 NOR I-485 application is "pending and not
>approved".
>I would be surprised if USCIS will approve such an application
>since it is a blatant abuse of the AC21 act and
>that is not the real intent of AC21 act was.
>Thanks,
This makes no sense. You need to consult a lawyer. Ask whether you will be
safe if you left that company, especially if they withdraw the I-140 to get
back at you. If it is safe, then insist that your employer help you file the
I-485. You are the one who files it, not them. They just provide the employment
letter. Based on your lawyer's advice, you could then tell the employer: either
support the AOS or you lose me. Tell them you want your green card. However,
make sure that you have a reasonable job offer to fall back on.
May 2nd 2004, 10:34 pm
#3
Guest
Posts: n/a
Re: H1B extension beyond 6-yr, no application pending
[email protected] (Sapta) wrote in message news:<[email protected]. com>...
> I had both LC and I-140 APPROVED and
> my LC was filed one year before my 6-yr H1 expiration
> But now my employer wants to delay the filing of I-485
> application and plans to keep renewing my H1 beyond 6-year
> limit one year at a time indefinitely.
>
> On what base will the H-1 extension application be
> approved? Considering NEITHER LC, I-140 NOR I-485
> application is "pending and not approved".
>
> I would be surprised if USCIS will approve such an
> application since it is a blatant abuse of the AC21 act
> and that is not the real intent of AC21 act was.
Your analysis is almost certainly correct. I was told some
time ago by an immigration lawyer that the law could be
read as allowing indefinite extensions once an LC had been
filed and not rejected. However, CIS appear to be doing
the common-sense thing for once, and implementing what the
law was clearly meant to say. For example, I've heard of
CIS issuing an RFE in a case similar to yours to find why
an I-140 application had not been submitted since the
relevant LC had been approved.
I think there's a very high chance of the extension being
rejected in this situation. I don't know what sort of a
mess you would then be in if they did so.
> I had both LC and I-140 APPROVED and
> my LC was filed one year before my 6-yr H1 expiration
> But now my employer wants to delay the filing of I-485
> application and plans to keep renewing my H1 beyond 6-year
> limit one year at a time indefinitely.
>
> On what base will the H-1 extension application be
> approved? Considering NEITHER LC, I-140 NOR I-485
> application is "pending and not approved".
>
> I would be surprised if USCIS will approve such an
> application since it is a blatant abuse of the AC21 act
> and that is not the real intent of AC21 act was.
Your analysis is almost certainly correct. I was told some
time ago by an immigration lawyer that the law could be
read as allowing indefinite extensions once an LC had been
filed and not rejected. However, CIS appear to be doing
the common-sense thing for once, and implementing what the
law was clearly meant to say. For example, I've heard of
CIS issuing an RFE in a case similar to yours to find why
an I-140 application had not been submitted since the
relevant LC had been approved.
I think there's a very high chance of the extension being
rejected in this situation. I don't know what sort of a
mess you would then be in if they did so.
May 21st 2004, 5:46 am
#4
Guest
Posts: n/a
Re: H1B extension beyond 6-yr, no application pending
With new memos out within those service centers, AC21 is almost not useful
at all....
You are lucky to get your I-140 approved...these days, I-140 will have to
wait until your I-485 is all ready...meaning you need to submit medical
reports, finger prints and so on to have your I-485 ready and then when the
time is current for your case, they may look at your I-140 case....and
without any RFE most likely, they either approve or reject your I-140
petition directly...
"Sapta" <[email protected]> wrote in message
news:[email protected]...
> I had both LC and I-140 APPROVED and
> my LC was filed one year before my 6-yr H1 expiration
> But now my employer wants to delay the filing of I-485 application
> and plans to keep renewing my H1 beyond 6-year limit
> one year at a time indefinitely.
> On what base will the H-1 extension application be approved?
> Considering NEITHER LC, I-140 NOR I-485 application is "pending and not
approved".
> I would be surprised if USCIS will approve such an application
> since it is a blatant abuse of the AC21 act and
> that is not the real intent of AC21 act was.
> Thanks,
> Sapta
at all....
You are lucky to get your I-140 approved...these days, I-140 will have to
wait until your I-485 is all ready...meaning you need to submit medical
reports, finger prints and so on to have your I-485 ready and then when the
time is current for your case, they may look at your I-140 case....and
without any RFE most likely, they either approve or reject your I-140
petition directly...
"Sapta" <[email protected]> wrote in message
news:[email protected]...
> I had both LC and I-140 APPROVED and
> my LC was filed one year before my 6-yr H1 expiration
> But now my employer wants to delay the filing of I-485 application
> and plans to keep renewing my H1 beyond 6-year limit
> one year at a time indefinitely.
> On what base will the H-1 extension application be approved?
> Considering NEITHER LC, I-140 NOR I-485 application is "pending and not
approved".
> I would be surprised if USCIS will approve such an application
> since it is a blatant abuse of the AC21 act and
> that is not the real intent of AC21 act was.
> Thanks,
> Sapta
May 21st 2004, 1:37 pm
#5
Forum Regular
Joined: Nov 2003
Posts: 230
Re: H1B extension beyond 6-yr, no application pending
Originally posted by Sapta
I had both LC and I-140 APPROVED and
my LC was filed one year before my 6-yr H1 expiration
But now my employer wants to delay the filing of I-485 application
and plans to keep renewing my H1 beyond 6-year limit
one year at a time indefinitely.
On what base will the H-1 extension application be approved?
Considering NEITHER LC, I-140 NOR I-485 application is "pending and not approved".
I would be surprised if USCIS will approve such an application
since it is a blatant abuse of the AC21 act and
that is not the real intent of AC21 act was.
Thanks,
Sapta
I had both LC and I-140 APPROVED and
my LC was filed one year before my 6-yr H1 expiration
But now my employer wants to delay the filing of I-485 application
and plans to keep renewing my H1 beyond 6-year limit
one year at a time indefinitely.
On what base will the H-1 extension application be approved?
Considering NEITHER LC, I-140 NOR I-485 application is "pending and not approved".
I would be surprised if USCIS will approve such an application
since it is a blatant abuse of the AC21 act and
that is not the real intent of AC21 act was.
Thanks,
Sapta
Sapta,
If your labor certification is approved, you will not be able to obtain 7th year extensions on your H-1B. Your employer must be confused on what is and is not allowable.
If your I-140 is also approved, you need to get your I-485 and work and travel permission filed so that you no longer need to worry about H-1B time. If available and/or preferred, you could also go through immigrant visa processing if you had time.
What you cannot do is obtain 7th year extensions on your H-1B given your fact pattern. CIS would never approve it, unless by a total mistake.
Regards,
Andrew
Andrew M. Wilson, Esq.
[email protected]
www.srwlawyers.com
May 21st 2004, 3:42 pm
#6
Guest
Posts: n/a
Re: H1B extension beyond 6-yr, no application pending
Aren't you contradicting yourself.
You said "I had both LC and I-140 APPROVED" and then "Considering
NEITHER LC, I-140 NOR I-485 application is "pending and not approved".
[email protected] (Sapta) wrote in message news:<[email protected]. com>...
> I had both LC and I-140 APPROVED and
> my LC was filed one year before my 6-yr H1 expiration
> But now my employer wants to delay the filing of I-485 application
> and plans to keep renewing my H1 beyond 6-year limit
> one year at a time indefinitely.
>
> On what base will the H-1 extension application be approved?
> Considering NEITHER LC, I-140 NOR I-485 application is "pending and not approved".
>
> I would be surprised if USCIS will approve such an application
> since it is a blatant abuse of the AC21 act and
> that is not the real intent of AC21 act was.
>
> Thanks,
>
> Sapta
You said "I had both LC and I-140 APPROVED" and then "Considering
NEITHER LC, I-140 NOR I-485 application is "pending and not approved".
[email protected] (Sapta) wrote in message news:<[email protected]. com>...
> I had both LC and I-140 APPROVED and
> my LC was filed one year before my 6-yr H1 expiration
> But now my employer wants to delay the filing of I-485 application
> and plans to keep renewing my H1 beyond 6-year limit
> one year at a time indefinitely.
>
> On what base will the H-1 extension application be approved?
> Considering NEITHER LC, I-140 NOR I-485 application is "pending and not approved".
>
> I would be surprised if USCIS will approve such an application
> since it is a blatant abuse of the AC21 act and
> that is not the real intent of AC21 act was.
>
> Thanks,
>
> Sapta
May 22nd 2004, 8:21 am
#7
Guest
Posts: n/a
Re: H1B extension beyond 6-yr, no application pending
"Amanda" <[email protected]> wrote in message
news:[email protected]...
> Aren't you contradicting yourself.
> You said "I had both LC and I-140 APPROVED" and then "Considering
> NEITHER LC, I-140 NOR I-485 application is "pending and not approved".
How's he contradicting himself? If LC and I-140 are approved and
I-485 is not applied for, then none of them are "pending and not
approved".
news:[email protected]...
> Aren't you contradicting yourself.
> You said "I had both LC and I-140 APPROVED" and then "Considering
> NEITHER LC, I-140 NOR I-485 application is "pending and not approved".
How's he contradicting himself? If LC and I-140 are approved and
I-485 is not applied for, then none of them are "pending and not
approved".
