Can I get a H1 extension if labor is approved

R

rav2hat

New Member
What is the basis for getting a H1 extension(seventh year extension)?
Will my labor approval suffice?

I have completed 5+ years of H1 time and have gotten labor cleared from my current company. I have yet to apply for I-140. My current company is not doing well and I wanted to switch to a new company. If I join a new company and get my labor cleared from that company can I get an extension on my H1 based on my labor approval?
Thanks
 
You can only get H1 extension beyond six years if either

1. Your labor certification was filed more than 365 days before end of your sixth year or

2. Your I-140 immigrant petition for alien worker is approved.


In case 1 above you get a one-year extension while in case 2 you get a three-year extension.
 
FYI - fromninja is exact correct in what he/she is saying.
No, you cannot file an H-1 extension based on a pending or approved labor cert unless the LC has been pending over one year.
In your situation, you should probably file your I-140 with your current company, but you may end up having to leave the country if your H-1 expires before your I-140 is approved. Keep that in mind, as you will NOT be able to LEGALLY work for the new company unless you have a valid H-1.
If you're desperate to stay in the country, it might be a good idea to go back to school and get on an F-1 visa.
 
You must log in or register to reply here.
Top