H1-B 7th year Extension

anrntr

New Member
Hello,
My 6 years of H1-B limit comes to an end in Dec' 04. I have applied for Labor more than an year ago in California, and its still in process. Now, My company is asking me to move to New York.

If my company starts my labor process again, in New York, Is it possible for me to get a 7th year extension?

Is it possible for my company to continue my process in California, even though I am in NYC.

Please advice.
Thank you
 
You can be in NY

I'm in CT, my employer is in CA. Same as yours.. my 6th yr ends by Feb 2005. Filled labor 25months ago.

I'm going to apply for my 7th year extension real soon.

Thanks,
H
 
Hello.. I really dont know what the 7th year h1b extension rule is. Read my case and let me know if this is right: (1) Filed H1btransfer from CompanyB to C, with remaining 1 yr H1b status. (2) Got approval valid until Feb 08, filed for LC and got approved Aug 07 (3) Filed for I140, priority date Oct 07 (4) Filed 7th yr H1b extension Jan 30'08
Based on this scenario, am I doing it right? I checked my status online for h1b extension and said that they need additional evidence (RFE), letter was mailed yesterday so I dont know what it is. PLS ENLIGHTEN ME WITH THIS 7TH YR EXTENSION.. Thanks!
 
There are 2 clauses to the extension:
1. Labor Certification (or I-140 for EB1 cases) was filed more than 365 days ago and
2. I-140 is approved and I-485 cannot be filed due to retrogression.
This extension can be applied by any employer as long as the GC trail is maintained.
 
URGENT!! H1B Extension Denied and being Appealed

Hi All,
I have this very urgent situation and I am looking all over for answers. I would be very greatful if someone here could help me and also pass some reliable sources.

Recently, my h1b 7th year extension got denied. The reason they gave was that my LC was filed less than 365 days prior to the application of the H1B extension. I however have explained that the reason why we had to do it when there was less than 365 days was because of the director of the company who got fired because of some fraud he was involved in. It was still denied however. And I got a notice which told me that I got 30 days to leave the country.

However, firstly that LC got approved and i also filed a 140/485 which are both pending. I also have been issued my EAD , which has a deadline that passes this 30 day deadline the h1 denial has given me.
Here is my question

1. Since I have an EAD that is valid beyond the 30 days, can I stay and work legally until the expiration of my EAD?
2. Also if i had filed for an appeal, does that extend the allowed time for me to stay in US?I am filing the appeal within a week after receiving the letter of decision that it was denied

Please clarify and provide reliable sources where I can find that information. Thanks in advanced for all the help
 
If your I-485 is pending and you have EAD your H1B denial is without any consequence. You are in adjustee status now. Make sure you have AP for travel.
 
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