7th Year Extension

[usimmius]

My RIR Labor application was filed in Feb 2005, and my 6 years are expiring on March 1, 2006. Can I file for my 7th year extension right now, or do I have to wait for the Labor to complete 1 year before I can submit the application (this will make it very close to my expiration date).

I have friends who are in similar situation and whose Visa extension was approved even though their labor has not completed 1 year (it will complete one year before their 6year expiration). But my lawyer says that the rules have changed and now you have to wait for completion of 1 year before filing. Any ideas?

Thanks for all your help.

 

[GotPR?]

My RIR Labor application was filed in Feb 2005, and my 6 years are expiring on March 1, 2006. Can I file for my 7th year extension right now, or do I have to wait for the Labor to complete 1 year before I can submit the application (this will make it very close to my expiration date).

yes you can file it now. The rule for 7th year extension filing is that your employment start date must be more than 365 days later than LC filing, and as general rule of H1 filing, employment start date must be within 6 months.
your start date will be March 2 and it's within 6 month ahead from now,.. you are eligible to file now.

I have friends who are in similar situation and whose Visa extension was approved even though their labor has not completed 1 year (it will complete one year before their 6year expiration). But my lawyer says that the rules have changed and now you have to wait for completion of 1 year before filing. Any ideas?

I do not know why lawyer says so. In fact, USCIS clarified opposite of what your lawyer said in their interoffice memo 3 months ago. YOu do not need to wait for 1 year completion of LC to file H1 extension..
Please read section 5 of this doc...
http://uscis.gov/graphics/lawsregs/handbook/H1B_092305.pdf

"Such extension should be granted regardless of whether the H1B extension application was filed prior to passage of such period."