6th Yr on H1B and beyond

D

dcmetro22042

Registered Users (C)
My labor was filed in Va via regular processing in April 2003. I understand that if one is in a stage (labor, 140 or 485) over 1 yes, then one could an extension for 7th yr. But what happens if my labor gets cleared by next yr mid and then we start the next stage. But since my status expires dec 15th, 2005, I would have not completed over 1 yr on the second stage? Can I still get an extension?
 
dcmetro22042 said:
My labor was filed in Va via regular processing in April 2003. I understand that if one is in a stage (labor, 140 or 485) over 1 yes, then one could an extension for 7th yr. But what happens if my labor gets cleared by next yr mid and then we start the next stage. But since my status expires dec 15th, 2005, I would have not completed over 1 yr on the second stage? Can I still get an extension?
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By Next Stage you mean I140/485 ?

It needs I-140 pending for 6 months to be eligible for H1 Extensions if don't apply concurrently.

If you apply concurrently (I140 & 485) you can get 1 year H1 Extensions based on Pending I-485 as there are no requirements for 1 year pending to that.
 
What happens if only 4 months have passed since I140 application
( I485 has not been applied ) and the H1 visa is expiring ? Would I be out of status and have to leave the country ?



gp111 said:
By Next Stage you mean I140/485 ?

It needs I-140 pending for 6 months to be eligible for H1 Extensions if don't apply concurrently.

If you apply concurrently (I140 & 485) you can get 1 year H1 Extensions based on Pending I-485 as there are no requirements for 1 year pending to that.
Click to expand...
 
As long as it has been 366 days since you started your green card process, it does not matter what your status is or where your process is, you are eligible for 1 year extension until

1 - Your I-140/I-485 has reached the decision. Accepted or Denied.
2 - You take advantage of EAD and AP and suspend your H1-B status.
 
What happens if you are in 7th yr and your labor is denied

What happens if you are in 7th yr and your labor is denied ? I am sure there must be some appeal process - Are you allowed to stay in US till the appeal process is complete or do you have to leave the country immediately ?
 
texancanadian said:
What happens if you are in 7th yr and your labor is denied ? I am sure there must be some appeal process - Are you allowed to stay in US till the appeal process is complete or do you have to leave the country immediately ?
Click to expand...
You can stay till the end of 7th year and may not be able to extend it further.
 
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