7th year extension question

[Rajiv S. Khanna]

Can I extend my H1B with my current employer beyond six years if my LC was filed more than 365 days? In fact my I140 is also approved. The only confusion I have is that my GC is being processed by another employer and I need to extend my H1B with my current employer who has nothing to do with my GC. Can I use the AC21 regulation in this case? Any response will be greatly appreciated. Thanks.

 

[xde0037]

LC from company A and H1 extension from B is not possible

In recent IT job situations such cases have emerged where people when got laid off had to start working for whatever H1 they could get. And so if company A had applied for GC, that would be still valid since H1 and GC are not strictly related. It only eases the GC process, if one is also holding H1 of the same company. So when 7th year extension is required, since that extension is totally based on LC and i140, and since both these processes are tied tightly with one\'s sponsoring company, it does not look logical how can one extend \'Another\' company\'s H1 beyond 6 year? One thing with the advice from an attorney can be done : try H1 from the original company extended for 7th year and then try to get second H1 also extended based on the previous one. but I am only guessing so best would be to consult an attorney,

 

[s guru]

It is possible!!!!!

You can work for company A (H1B), B sponser your GC. You can extend your 7th year (provided EDD is >365 days) H1B through either A or B. Even if you could find a job from company C, C can sponser and extend 7th year on the proof of B\'s pending GC papers.