7th year extension

[rkarthi1]

I have left Company A in Oct. 2003, and joined company B. My 6 years on H1 expires on Oct.1, 2004.

Company A had applied for my labor certification (for the Green card) that was still in process when I left the company (more than 365 days). However, it had not been approved yet.

Can I use that 365 day or more on labor certification through company A, for getting a 7th year extension on my H1B with Company B??

Please let me know. Thanks.

 

[ginnu]

I have left Company A in Oct. 2003, and joined company B. My 6 years on H1 expires on Oct.1, 2004.

Company A had applied for my labor certification (for the Green card) that was still in process when I left the company (more than 365 days). However, it had not been approved yet.

Can I use that 365 day or more on labor certification through company A, for getting a 7th year extension on my H1B with Company B??

----- YES, you can do that and will need the evidence that LC through A was filed 365 days back and evidence is SESA or SWA receipt that is sent to lawyer after SWA or SESA receives the LC and that receipt has PD, case # and your name as beneficiary on it. If the LC has been withdrawn by A then it may not be possible but USCIS never knows if LC was withdrawn you can get 7th year H1 extension with copy of LC filed 365 days back by ANY employer