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priya_k82
02-05-2011, 12:46 PM
Can you reply to the below questions :

I have applied for my labour in my Sixth year of H1 and got the labour approved.

1) Can I apply for H1 extension without I-140 being submitted.
if yes, can you let me know how should i proceed
if no, what should i do .

2) For submitting I-140, do we need to submit original copy of the Labor with other supporting documents?
if yes, I have submitted my I 140 application in Decemenber-2010 and 2 days back we received a response from UCSIS that they did not receive the application.
But we are able to see the DELIVERED status of the I 140 application in Fedex tracking website. If i want to reapply the I 140 application, how should i proceed.
Can you let me know, how should i proceed.

Leo07
02-05-2011, 02:20 PM
- you can extend h1b, If your labor is filed 365 days before your H1B expiration date. ( I think it's in 1 year increments, 3 years afters I-140 approval) It remembers me, how short my memory is, I was in this situation 3 years ago:)
- Mind you, Labor has a validity period( 6 mon?), so you must hurry on your 140.
- losing applications @ USCIS is not uncommon. So, you don't have to worry about it much. It's sounds scary at first but it happened to many before you.
- Your attorney should have a copy of everything sent to CIS, they can quickly resend the application.( cancel the old check and send the new ones)

One thing, please be on top of this matter until you get a receipt number from CIS.

http://www.murthy.com/news/n_yath1b.html

google for yates memo on h1b
Best of Luck!

Can you reply to the below questions :

I have applied for my labour in my Sixth year of H1 and got the labour approved.

1) Can I apply for H1 extension without I-140 being submitted.
if yes, can you let me know how should i proceed
if no, what should i do .

2) For submitting I-140, do we need to submit original copy of the Labor with other supporting documents?
if yes, I have submitted my I 140 application in Decemenber-2010 and 2 days back we received a response from UCSIS that they did not receive the application.
But we are able to see the DELIVERED status of the I 140 application in Fedex tracking website. If i want to reapply the I 140 application, how should i proceed.
Can you let me know, how should i proceed.

sunny1000
02-05-2011, 09:38 PM
Can you reply to the below questions :

I have applied for my labour in my Sixth year of H1 and got the labour approved.

1) Can I apply for H1 extension without I-140 being submitted.
if yes, can you let me know how should i proceed
if no, what should i do .

Please see Leo07's answer

2) For submitting I-140, do we need to submit original copy of the Labor with other supporting documents?
if yes, I have submitted my I 140 application in Decemenber-2010 and 2 days back we received a response from UCSIS that they did not receive the application.
But we are able to see the DELIVERED status of the I 140 application in Fedex tracking website. If i want to reapply the I 140 application, how should i proceed.
Can you let me know, how should i proceed.

Yes, you will need the original labor approval. Try to find out the exact location of the package (where it was delivered and who signed for it etc). If you still can't locate it, your atttorney should guide you on how to apply without the original labor approval. .

priya_k82
02-05-2011, 10:13 PM
Thank you Leo07, Sunny1000 for sharing the information.

Leo07
02-06-2011, 04:38 PM
"Yes, you can apply based on your approved labor - you will get 1 year extension. "

Only if labor was filed at least 365 days before the H1-B expiration date. Labor approval by itself doesn't give the freedom to extend H1B.

.

sunny1000
02-06-2011, 08:29 PM
"Yes, you can apply based on your approved labor - you will get 1 year extension. "

Only if labor was filed at least 365 days before the H1-B expiration date. Labor approval by itself doesn't give the freedom to extend H1B.

Yes, you are correct. I stand corrected.

Priya,

You need to have an approved I-140 to get the 7th year extension. So, I would suggest you do premium processing on your I-140 so that you can get it approved before the end of the 6th year.