7th Yr Extn on H1b

[reapit]

Hi,

My employer today informed me that inorder to get the 7th Yr extn on H1b, I have 2 options

1) Get LC applied 365 days before the 6th yr ends on H1b
2) If my I-140 is approved before the 6th yr ends (even if LC starts after end of 5th yr)

My 5th yr is ending in a few days and they said option 1 is ruled out .

My question is are they correct about Option2 ???

Thanks in advance!!

 

[GotPR?]

To use option2 , you need to meet certain requirement.
Need to know what EB category you'll be in and what country you were born.

 

[reapit]

To use option2 , you need to meet certain requirement.
Need to know what EB category you'll be in and what country you were born.

Country India; EB category - EB3 ...might apply under managerial category so not sure if that can change to EB2

 

[GotPR?]

Most likely you can get 7th year with approved I-140 unless retrogression disappears within a year.

 

[reapit]

Most likely you can get 7th year with approved I-140 unless retrogression disappears within a year.

Thanks....So if my understanding is correct i can go for option2 for EB3 category.

But what do you mean when you say "unless retrogression disappears within a year".....do you mean that if my PriorityDates becomes current than I need to even apply for I-485 before the end of 6th yr to get 7th extension?

Pls advise

 

[GotPR?]

But what do you mean when you say "unless retrogression disappears within a year".....do you mean that if my PriorityDates becomes current than I need to even apply for I-485 before the end of 6th yr to get 7th extension?

Yes. If PD becomes current when your 6th year is over, you are not eligible to get 7th year based on approved I-140. You are not eligible for it based on 365 days old LC either.
So that you have to apply I485 before 6th year expiration to keep staying in the US.