Trying to understand

[opensource]

I am new to this process so please help me understand. I have 2 years for my H1-B to expire.

If my company applies for my Labor this year and ideally if I get my LC approved next year. Then if my companies applies for 485 (?) and I get it approved 2 years later..

My question is since I have only 2 years, upuntil LC getting cleared and applying for 485 I am ok, but after that what are my options to remain valid in this country?

Thank you.

 

[rxr]

Try this.. a Good Article

http://www.murthy.com/UDh121st.html


H1B Extension Only Allowed after LC Pending for Over a Year

The Memo states that the H1B extension petition must have been filed after the 365 day-mark of the filing of the labor certification or I-140 had passed. Otherwise, the foreign national does not qualify for the one-year incremental extensions beyond the 6th year. This is an important clarification. Under this Memo it is not possible to file the H1B petition prior to the 365-day point while asking for approval for a future date, by which the 365-day point will have been reached. Further, Mr. Yates states that the request for the H1B extension of status must establish that the foreign national is in valid H1B status at the time that the H1B petition is filed with the BCIS. If the beneficiary is not in valid H1B status, the extension typically will not be approved. While it is generally well understood that extensions require that the person be in lawful status, the language of the law can certainly be read to allow for petition approval for additional one-year increments, even if the person is no longer eligible for an extension.

Under this disappointing interpretation, a foreign national whose 6th year of H1B eligibility ends five days before his/her labor certification has been pending for 365 days does not appear to qualify for the one-year incremental extension, as the person is unable to show s/he was in H1B status at the time s/he is eligible to file for the new H1B. A person in this situation would need to recapture any time s/he may have available, prior to filing the one-year extension. The law speaks in terms of eliminating the six-year limitation if the stated requirements are met. It also speaks of extensions being allowed in these circumstances. It had been hoped that the BCIS would interpret the law more broadly to allow for H1B petition approval, even if an extension of status in the U.S. was not possible. This would have allowed a person who reached the end of his/her six-year point to depart the U.S. and then return for additional time on H1B once the 365 days were reached.

 

[s_ghosh2303]

H1 extension after 6 yrs

I am going to complete 6 yrs quota by March-2004. My labour is still pending for more than 1 yr and 4 months...(state labor is cleared and federal is still pending)

Am I elegible for one year extension (AC-21)? Do I have to have I-140 filed when I apply for H1B extension? I have read in other forums that all you need is just labor pending for more than 365 days... is it true? Just wanted to confirm ...

Has anybody applied for it ? and whether they got approved ?

How much time it takes for the H1 extension after completing 6 yrs.

I will really appreciate if some one can reply..

Thanks