juntha

Hello you all !

Here s my 'story'... Been in the US for 3 year with a j1 visa before finding a job with a H1b Employer. We both applied for a H1b visa and i ve been working on this status for the last 3.5 years. Last time i renewed I had the bad news to see that the INS renewed my H1b for just 1 year instead of the 3 my company requested. (with the 3 requested this would have been a total of 6 years under H1b). No one in the INS knows why and some even told me it was a mistake but things are so slow to move there than we are close from the expiration of this renewal. We then need to renew for a second time this H1b... Thanks God no 1000 dollars fee but the inconvenient 130 dollars to pay from my own pocket.
We also applied for a GC, with a alien labor certification, that has been pending (meaning a case number has been given to us) since may 2001. According to a new law I can extend my stay in the US under a H1b for as long as this certification (and if approved, then GC application) is processed and approved.
I hear a lot of people talking about a seventh year extension and some talking about a 1 year increment... what is the right version ?

Ingo Pakleppa

On Wed, 12 Mar 2003 18:57:58 +0000, juntha wrote:


    > Hello you all !
    >
    > Here s my 'story'... Been in the US for 3 year with a j1 visa before
    > finding a job with a H1b Employer. We both applied for a H1b visa and i
    > ve been working on this status for the last 3.5 years. Last time i
    > renewed I had the bad news to see that the INS renewed my H1b for just 1
    > year instead of the 3 my company requested. (with the 3 requested this
    > would have been a total of 6 years under H1b). No one in the INS knows
    > why and some even told me it was a mistake but things are so slow to
    > move there than we are close from the expiration of this renewal. We
    > then need to renew for a second time this H1b... Thanks God no 1000
    > dollars fee but the inconvenient 130 dollars to pay from my own pocket.
    > We also applied for a GC, with a alien labor certification, that has
    > been pending (meaning a case number has been given to us) since may
    > 2001. According to a new law I can extend my stay in the US under a H1b
    > for as long as this certification (and if approved, then GC application)
    > is processed and approved.
    > I hear a lot of people talking about a seventh year extension and some
    > talking about a 1 year increment... what is the right version ?

These are all different descriptions for the same thing: you can indeed
extend your H-1B as long as it takes for the GC to be approved, as long as
the LC has been filed at least a year before the H-1B expires.

This is often described as "seventh year" because it allows you to go
beyond the usual six years. In reality, it can be an eigth or ninth year,
or however many it takes.

These extended H-1Bs are approved in only one-year increments, instead of
the usual three year increments during the first six years.

Naresh Dhiman

Is it just "LC has been filed at least a year before the H-1B expires" ?
or
"LC has been filed at least a year before the H-1B expires AND I-140 is pending"?

thanks in advance.
Naresh Dhiman



"Ingo Pakleppa" wrote in message news:...
    > On Wed, 12 Mar 2003 18:57:58 +0000, juntha wrote:
    >
    >
    > > Hello you all !
    > >
    > > Here s my 'story'... Been in the US for 3 year with a j1 visa before
    > > finding a job with a H1b Employer. We both applied for a H1b visa and i
    > > ve been working on this status for the last 3.5 years. Last time i
    > > renewed I had the bad news to see that the INS renewed my H1b for just 1
    > > year instead of the 3 my company requested. (with the 3 requested this
    > > would have been a total of 6 years under H1b). No one in the INS knows
    > > why and some even told me it was a mistake but things are so slow to
    > > move there than we are close from the expiration of this renewal. We
    > > then need to renew for a second time this H1b... Thanks God no 1000
    > > dollars fee but the inconvenient 130 dollars to pay from my own pocket.
    > > We also applied for a GC, with a alien labor certification, that has
    > > been pending (meaning a case number has been given to us) since may
    > > 2001. According to a new law I can extend my stay in the US under a H1b
    > > for as long as this certification (and if approved, then GC application)
    > > is processed and approved.
    > > I hear a lot of people talking about a seventh year extension and some
    > > talking about a 1 year increment... what is the right version ?
    >
    > These are all different descriptions for the same thing: you can indeed
    > extend your H-1B as long as it takes for the GC to be approved, as long as
    > the LC has been filed at least a year before the H-1B expires.
    >
    > This is often described as "seventh year" because it allows you to go
    > beyond the usual six years. In reality, it can be an eigth or ninth year,
    > or however many it takes.
    >
    > These extended H-1Bs are approved in only one-year increments, instead of
    > the usual three year increments during the first six years.

Ingo Pakleppa

It used to be that the I-140 had to be pending, but Congress realized that
this was a mistake and recently passed an amendment to AC21 that relied
just on the LC itself. This was a technical amendment, which is a frequent
technique Congress uses to fix editorial and minor technical mistakes they
made when writing a law. Such technical amendments usually aren't as
widely publicised as regular laws passing.

On Fri, 14 Mar 2003 00:51:15 +0000, Naresh Dhiman wrote:

    > Is it just "LC has been filed at least a year before the H-1B expires" ?
    > or
    > "LC has been filed at least a year before the H-1B expires AND I-140 is pending"?
    >
    > thanks in advance.
    > Naresh Dhiman
    >
    >
    >
    > "Ingo Pakleppa" wrote in message news:...
    >> On Wed, 12 Mar 2003 18:57:58 +0000, juntha wrote:
    >>
    >>
    >> > Hello you all !
    >> >
    >> > Here s my 'story'... Been in the US for 3 year with a j1 visa before
    >> > finding a job with a H1b Employer. We both applied for a H1b visa and i
    >> > ve been working on this status for the last 3.5 years. Last time i
    >> > renewed I had the bad news to see that the INS renewed my H1b for just 1
    >> > year instead of the 3 my company requested. (with the 3 requested this
    >> > would have been a total of 6 years under H1b). No one in the INS knows
    >> > why and some even told me it was a mistake but things are so slow to
    >> > move there than we are close from the expiration of this renewal. We
    >> > then need to renew for a second time this H1b... Thanks God no 1000
    >> > dollars fee but the inconvenient 130 dollars to pay from my own pocket.
    >> > We also applied for a GC, with a alien labor certification, that has
    >> > been pending (meaning a case number has been given to us) since may
    >> > 2001. According to a new law I can extend my stay in the US under a H1b
    >> > for as long as this certification (and if approved, then GC application)
    >> > is processed and approved.
    >> > I hear a lot of people talking about a seventh year extension and some
    >> > talking about a 1 year increment... what is the right version ?
    >>
    >> These are all different descriptions for the same thing: you can indeed
    >> extend your H-1B as long as it takes for the GC to be approved, as long as
    >> the LC has been filed at least a year before the H-1B expires.
    >>
    >> This is often described as "seventh year" because it allows you to go
    >> beyond the usual six years. In reality, it can be an eigth or ninth year,
    >> or however many it takes.
    >>
    >> These extended H-1Bs are approved in only one-year increments, instead of
    >> the usual three year increments during the first six years.

abcd

Ingo, (and other friendly folks too),

Yes, life turned back to normalcy after horrenduous year behind me, and thanks for your last years' helpful comments.

OK, my H1B will expire on 11 April 2004 and with that its 6 years. Employer is willing and company attorney is actively working on Green card help.

OK, (My following question could be or could be not connected with the current thread) So, what is that step which HAS to be started at least 1 year in advance, or before 11 April 2003. OR that step can be started even after 11 April 2003, but before H1B expires. ....
Thanks and best regards

Jonathan McNeil Wong

Naresh Dhiman wrote:
    > Is it just "LC has been filed at least a year before the H-1B expires" ?
    > or
    > "LC has been filed at least a year before the H-1B expires AND I-140 is pending"?
    >
    > thanks in advance.
    > Naresh Dhiman
    >
    >
    >
    > "Ingo Pakleppa" wrote in message news:...
    >
    >>On Wed, 12 Mar 2003 18:57:58 +0000, juntha wrote:
    >>>Hello you all !
    >>>Here s my 'story'... Been in the US for 3 year with a j1 visa before
    >>>finding a job with a H1b Employer. We both applied for a H1b visa and i
    >>>ve been working on this status for the last 3.5 years. Last time i
    >>>renewed I had the bad news to see that the INS renewed my H1b for just 1
    >>>year instead of the 3 my company requested. (with the 3 requested this
    >>>would have been a total of 6 years under H1b). No one in the INS knows
    >>>why and some even told me it was a mistake but things are so slow to
    >>>move there than we are close from the expiration of this renewal. We
    >>>then need to renew for a second time this H1b... Thanks God no 1000
    >>>dollars fee but the inconvenient 130 dollars to pay from my own pocket.
    >>>We also applied for a GC, with a alien labor certification, that has
    >>>been pending (meaning a case number has been given to us) since may
    >>>2001. According to a new law I can extend my stay in the US under a H1b
    >>>for as long as this certification (and if approved, then GC application)
    >>>is processed and approved.
    >>>I hear a lot of people talking about a seventh year extension and some
    >>>talking about a 1 year increment... what is the right version ?
    >>These are all different descriptions for the same thing: you can indeed
    >>extend your H-1B as long as it takes for the GC to be approved, as long as
    >>the LC has been filed at least a year before the H-1B expires.
    >>This is often described as "seventh year" because it allows you to go
    >>beyond the usual six years. In reality, it can be an eigth or ninth year,
    >>or however many it takes.
    >>These extended H-1Bs are approved in only one-year increments, instead of
    >>the usual three year increments during the first six years.
    >

Now, it's "LC filed a year before H-1B expires and is still pending;" or
"LC filed a year before H-1B expires, is approved, and I-140 is
pending." With concurrent filing, an EAD is possible within 90 days of
combined I-140/I-485 filing so the problem theoretically goes away at
that point.

--

Above intended as general commentary, not legal advice.
Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com

Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Ingo Pakleppa

On Sun, 23 Mar 2003 16:18:57 +0000, Jonathan McNeil Wong wrote:


    > Now, it's "LC filed a year before H-1B expires and is still pending;" or
    > "LC filed a year before H-1B expires, is approved, and I-140 is
    > pending."

Or, "I-140 is approved and PD is not current yet". Currently, this is of
course a non-issue.