7th year H1B extension is possible or not ?

[krishjack]

I read this from murthy.com's bulletien that The CSC confirmed that one-year incremental extensions of H1B status are approvable if the I-485 is pending, even if the labor certification and I-140 petition have already been approved.

Is this rule applied for those who are going to apply thro' PERM or even its applied for those who filed thro' Regular LC. Please let me know.

Below is my situation?
My priority date is Sept 2003 filed under EB3. I still have 2.5 years of my 6 years H1B. Now the priority date for filing I485 is March 2002. Now the questions is what happens after 2.5 years if the priority date for filing I485 is not sept 2003 and i have LC and I140 cleared, will i be able to extend my 7th year H1B. Please let me know. I appreciate your Kind help.

 

[TheRealCanadian]

Now the questions is what happens after 2.5 years if the priority date for filing I485 is not sept 2003 and i have LC and I140 cleared, will i be able to extend my 7th year H1B.

Actually AC21 has two provisions for H-1B extensions beyond 6 years; one year extensions if the LC has been pending for >365 days, and I believe a 3-year extension (ie, 9th year H-1B) if you are waiting to file an I-485 but cannot due to a non-current priority date.

That being said, I think you have little to nothing to worry about.