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  #1  
Old 02-27-2008, 11:20 AM
rkat rkat is offline
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Default LCA returned approved for 1 year inspite of 140 approval?

Hello Friends - I work on a H1B visa at a University (CAP EXEMPT).

I started my H1 in August 2003 and my 6th year of H1B expires in August 2009. I have a 140 approval and have submitted my papers for AOS in July 2007. My current H1 is valid till June 2008 and i submitted my papers for my
H1B extension with my university HR.

Period of Employment on my LCA was indicated as a 3 year validity period (July 2008 till June 2011 - based on my 140 approval). My HR faxed me a copy of the APPROVED LCA and to my astonishment i saw that the end date of employment on my LCA is June 2009. SO I WAS ALLOWED ONLY A ONE YEAR EXTENSION..?? I don't understand WHY..?? SHOULD'nt i be allowed to get a 3 year extension right now OR DO I have to wait to complete my INITIAL 6th year (in August 2009) and ONLY then will i be able to get 3 more years.? I thought i should be allowed to get 3 year increment right now.!!

Can somebody please advice. WHAT SHOULD my HR do now.? Can they resubmit the LCA.? I suspect that they did not fax the 140 approval with the LCA..? Do we have to also fax the 485 RN with the LCA..? PLEASE HELP!

Thanks a lot.!
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  #2  
Old 02-27-2008, 11:31 AM
jasmin45 jasmin45 is offline
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Default you have to complete initial 6 years

Quote:
Originally Posted by rkat View Post
Hello Friends - I work on a H1B visa at a University (CAP EXEMPT).

I started my H1 in August 2003 and my 6th year of H1B expires in August 2009. I have a 140 approval and have submitted my papers for AOS in July 2007. My current H1 is valid till June 2008 and i submitted my papers for my
H1B extension with my university HR.

Period of Employment on my LCA was indicated as a 3 year validity period (July 2008 till June 2011 - based on my 140 approval). My HR faxed me a copy of the APPROVED LCA and to my astonishment i saw that the end date of employment on my LCA is June 2009. SO I WAS ALLOWED ONLY A ONE YEAR EXTENSION..?? I don't understand WHY..?? SHOULD'nt i be allowed to get a 3 year extension right now OR DO I have to wait to complete my INITIAL 6th year (in August 2009) and ONLY then will i be able to get 3 more years.? I thought i should be allowed to get 3 year increment right now.!!

Can somebody please advice. WHAT SHOULD my HR do now.? Can they resubmit the LCA.? I suspect that they did not fax the 140 approval with the LCA..? Do we have to also fax the 485 RN with the LCA..? PLEASE HELP!

Thanks a lot.!
You will have to complete your initial 6 years before the 3 year extension can be approved based on approved I-140. This has happened with someone that I know as well and I spoke to my attorney to clarify this then.
hang on! you will hear from other knowledgable members.
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  #3  
Old 02-27-2008, 11:40 AM
xela xela is offline
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Default h1 extension past 6 yrs

I started my h1 in oct 2000 and got it till jan 2003 then 2003-2006 so my 6 years would have been over in oct 2006, because of this ( and I recaptured some months for travelling abroad) I only got the 1 st extension until Jan 2007 and had to get another one at that point which was then a 3 year extension.

Don't worry you'll get a 3 year one next time, it sucks but it happens all the time,......
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  #4  
Old 02-27-2008, 11:42 AM
rkat rkat is offline
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Default

Thanks for your reply.! I totally confused about this AC21 rule that allows 3 year extensions based on 140 approvals.! No where does it state that one has to complete their INITIAL 6 years before they can get the 3 YEAR INCREMENTS.! I know this issue has been discussed a lot on IV before - but if i rememeber correctly there have been folks who got 3 year increments before completing thier 6th year.! It's just confusiong - (i do not doubt ur advice at all) -- BUT Do u think resubmitting the LCA with the 140 approval may help. Just a thought.!

Thanks!
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  #5  
Old 02-27-2008, 11:50 AM
xela xela is offline
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Default

it might help, but why don't you do that for next year, unless you have to travel and need the visa stamp this year and next year (which is a hassle and time consuming), what is the point of reapplying for the H1B now rather then towards the end of this year for your next extension?
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  #6  
Old 02-27-2008, 11:51 AM
snarla snarla is offline
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Default I got 3 years approval even bfr completing the first 6years

Because of a I94 issue, i was forced to apply for extension 7 months before 6th year expired.

My lawyer applied for a 3 year extension ( i saw the dates on the extension application) and attached my I140 approval with the application.

Got the renewal for 3 years.

You may want to check you extension application and see how many years of extension were requested.
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  #7  
Old 02-27-2008, 12:07 PM
waitin_toolong waitin_toolong is offline
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Default

Actually you are better off this way. This way you use the entire 6 years and then apply for 3 Yr extension rather than losing that one year you are entitled to. Apparently the law about 3 yr increment is a bit fuzzy and that 3 yr can be used only once.
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  #8  
Old 02-27-2008, 01:31 PM
rkat rkat is offline
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Default

Hello Friends - This is what i found out -

This is the most recent information we have from an immigration attorney:

Aspects of AC21 pertaining to H1Bs fall within two main categories: H1B extensions beyond the sixth year and H1B portability provisions.

The extensions beyond the sixth year fit within two possible provisions. The first of these, Section 106(a), allows for unlimited one-year extensions based upon the filing of an employment-based green card case (either the Labor Certification or the I-140 petition in non-Labor Certification cases) at least 365 days prior to the expiration of the H1B six-year period.

The second extension provision, Section 104(c), allows for three-year H1B extensions based upon the foreign national's being the beneficiary of a green card case that cannot proceed due to per-country ceilings on the number of immigrant visas that can be issued each year. This means that, if one is subject to visa retrogressions and the I-140 has been approved, then s/he would be entitled to longer H1B extensions.

I GUESS ALL OF THIS BOILS DOWN TO " BEYOND SIXTH YEAR EXTENSIONS " --- as most of you have indicated - looks like i have to complete the SIXTH YEAR and then only can i apply for the 3 year increment.!

..waitintoolong....-- can u please elaborate on " 3 yr can be used only once " - Does that mean that if one gets the FIRST 3 year extension from the 6th - 9th year - CAN THEY EXTEND SECOND TIME AGAIN FROM 9th - 12 th year of H1...(assuming one does not get GC by 9th year..!!)...

Thanks for all the comments everybody.! Appreciate it.!
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  #9  
Old 02-27-2008, 01:59 PM
ajju ajju is offline
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Default You must not be current at he time of H1 Extension approval...

Quote:
Originally Posted by rkat View Post
Hello Friends - I work on a H1B visa at a University (CAP EXEMPT).

I started my H1 in August 2003 and my 6th year of H1B expires in August 2009. I have a 140 approval and have submitted my papers for AOS in July 2007. My current H1 is valid till June 2008 and i submitted my papers for my
H1B extension with my university HR.

Period of Employment on my LCA was indicated as a 3 year validity period (July 2008 till June 2011 - based on my 140 approval). My HR faxed me a copy of the APPROVED LCA and to my astonishment i saw that the end date of employment on my LCA is June 2009. SO I WAS ALLOWED ONLY A ONE YEAR EXTENSION..?? I don't understand WHY..?? SHOULD'nt i be allowed to get a 3 year extension right now OR DO I have to wait to complete my INITIAL 6th year (in August 2009) and ONLY then will i be able to get 3 more years.? I thought i should be allowed to get 3 year increment right now.!!

Can somebody please advice. WHAT SHOULD my HR do now.? Can they resubmit the LCA.? I suspect that they did not fax the 140 approval with the LCA..? Do we have to also fax the 485 RN with the LCA..? PLEASE HELP!

Thanks a lot.!
If your PD is current.. you won't be issued 3 year extension.. plus there are other scenarios as already explained.. So best bet is next extension.. But who knows.. you may get GC before that :-)
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  #10  
Old 02-27-2008, 02:05 PM
immigrationvoice1 immigrationvoice1 is offline
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Default Read somewhere....

I remember reading in some other forum that 3 year extension beyond the initial 6 years happens only when I-140 is approved BUT I-485 not applied.

After you have the approved I-140 and already applied for I-485 (and waiting for the GC to arrive), you can only get H1B extension 1 year at a time.

Do not know if this is true. Can any of the gurus here shed some light on this ?
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  #11  
Old 02-27-2008, 02:05 PM
absaarkhan absaarkhan is offline
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Default You can Get 3 Year Extension "ANY NUMBER OF TIMES"

You can Get THE 3 Year Extension "ANY NUMBER OF TIMES"
beyound the Regular 6 Years on H1B if your I-140 is APPROVED.

There is NO LIMIT ON THIS SCENARIO.


Quote:
Originally Posted by rkat View Post
Hello Friends - This is what i found out -

This is the most recent information we have from an immigration attorney:

Aspects of AC21 pertaining to H1Bs fall within two main categories: H1B extensions beyond the sixth year and H1B portability provisions.

The extensions beyond the sixth year fit within two possible provisions. The first of these, Section 106(a), allows for unlimited one-year extensions based upon the filing of an employment-based green card case (either the Labor Certification or the I-140 petition in non-Labor Certification cases) at least 365 days prior to the expiration of the H1B six-year period.

The second extension provision, Section 104(c), allows for three-year H1B extensions based upon the foreign national's being the beneficiary of a green card case that cannot proceed due to per-country ceilings on the number of immigrant visas that can be issued each year. This means that, if one is subject to visa retrogressions and the I-140 has been approved, then s/he would be entitled to longer H1B extensions.

I GUESS ALL OF THIS BOILS DOWN TO " BEYOND SIXTH YEAR EXTENSIONS " --- as most of you have indicated - looks like i have to complete the SIXTH YEAR and then only can i apply for the 3 year increment.!

..waitintoolong....-- can u please elaborate on " 3 yr can be used only once " - Does that mean that if one gets the FIRST 3 year extension from the 6th - 9th year - CAN THEY EXTEND SECOND TIME AGAIN FROM 9th - 12 th year of H1...(assuming one does not get GC by 9th year..!!)...

Thanks for all the comments everybody.! Appreciate it.!
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  #12  
Old 02-27-2008, 02:19 PM
Green.Tech Green.Tech is offline
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Default

Quote:
Originally Posted by immigrationvoice1 View Post
I remember reading in some other forum that 3 year extension beyond the initial 6 years happens only when I-140 is approved BUT I-485 not applied.

After you have the approved I-140 and already applied for I-485 (and waiting for the GC to arrive), you can only get H1B extension 1 year at a time.

Do not know if this is true. Can any of the gurus here shed some light on this ?
I am curious about this as well. Anyone?
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  #13  
Old 02-27-2008, 02:30 PM
Ramba Ramba is offline
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First, the approval of LCA is done by DOL, not by USCIS. 3 year extension based on 140 will be determied by uscis when applying H1B extension along with LCA. DOL generaly approves an LCA for 3 year period starting immediaty (starting period should be near to the date of application) . The problem here is, this guy applies an LCA for a 3 year period starting from July 2008, which is far away from now. Thats why they approved for one year. It is nothing to do with 140/AC21 etc.. In order get 3 year validity LCA, the starting date should be immediate. The best way is to appy LCA/H1B extension near the end of the expiry of H1B.I do not know why this guy applis H1B extension 1.5 years before its expiry.
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  #14  
Old 02-27-2008, 02:46 PM
kittu1991 kittu1991 is offline
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Default Not true

Quote:
Originally Posted by Green.Tech View Post
I am curious about this as well. Anyone?
You can get 3yr extension with approved I140 even after applying for I485. I got mine last month.
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  #15  
Old 02-27-2008, 02:48 PM
kittu1991 kittu1991 is offline
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Thumbs down

Quote:
Originally Posted by Ramba View Post
First, the approval of LCA is done by DOL, not by USCIS. 3 year extension based on 140 will be determied by uscis when applying H1B extension along with LCA. DOL generaly approves an LCA for 3 year period starting immediaty (starting period should be near to the date of application) . The problem here is, this guy applies an LCA for a 3 year period starting from July 2008, which is far away from now. Thats why they approved for one year. It is nothing to do with 140/AC21 etc.. In order get 3 year validity LCA, the starting date should be immediate. The best way is to appy LCA/H1B extension near the end of the expiry of H1B.I do not know why this guy applis H1B extension 1.5 years before its expiry.
Feb 2008 to July 2008 is not 1.5 yrs, it is only 6 months. And what he did is correct. Moreover if you apply for extension 1.5 yrs in advance DOL will reject it right away.
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