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RFE under AC21 104(C) 7th year extension

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  • RFE under AC21 104(C) 7th year extension

    Hi Members,

    Need urgent help to reply for an RFE received from USCIS.

    The last I-797 I had was valid till 30 Jan’ 2016, this included all recapture of my leave till then, and no out of country visit after this I797, so I am assuming there is no more recapture). With this my 6 years of H1B would be covered.
    My Labor certification application was filed on 02 Oct 2015, which was pending by the end of my 6yrs i.e. 30 Jan 2016.

    So as a result I moved out of US on 27 Jan 2016.

    While I am out of US, my Labor certification was approved followed up with I 140 filing, which was also approved on 02 June, 2016 (I have received the I-140 approval I797 also)

    Now, my company is filing an H1B extension beyond 6 yr under AC21 104 (C).

    For this extension application I have received an RFE stating in the RFE doc:

    “ The beneficiary reached the allotted 6 yrs on Jan 28, 2016. You filed this petition on November 23, 2016. You submitted a copy of the 797 approval notice for Form I-140 filed on behalf of the beneficiary, however, the I-140 was approved on June 2, 2016, after the beneficiary had reached the six year stay. It appears the beneficiary was not eligible for extension under AC21 104(C) at the time of filing.”

    “If it is your contention that a permanent labor certification had been filed in support of a Form I-140 on behalf of the beneficiary 365 days prior to the beneficiary’s six year commencement date (January 28, 2016), submit a copy of the ETA Form in support”

    Did I miss something in the application or the filing of labor HAS TO BE done before 365 days of your 6yrs to be ever eligible for AC21 7th year extension.

    Any help to reply for this RFE would be highly appreciated. My company's immigration dept. have no idea what is wrong with this application.

    Thanks

  • #2
    what happened to your case? Please let me know since my friend is also on the same scenario and in rfe now.

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