Can I stay 45 more after completing my H1B quota for 6 years?

[srinup]

Hi,

I am expecting my labor approval in next month, but my H1B VISA is completing 6 Years on this month ending. My Lawyer says we can stay 45 more after completing the 6-year quota. My labor was applied on Jan' 2004.

Please give me what are the exact INS rules. Is that true, can I stay.

Thanks
srinup

 

[usnycus]

No.

You will be out of status and you might need to use 245(k) when you apply for I-485. Check following link:

http://boards.immigrationportal.com/showthread.php?s=&threadid=119036

 

[Hexamon]

Why don't you apply for 7-th year extension?

 

[srinup]

Hi Hexamon,

I applied my labor on Jan'2004 means 8 months back. For 7th year extension we need to apply labor before 365 days.

Thanks
Srinup

 

[higcoptimist]

Hi Hexamon,

I applied my labor on Jan'2004 means 8 months back. For 7th year extension we need to apply labor before 365 days.

Thanks
Srinup

My impression is that the Labor or I140 (or both together) has to be pending for atleast 365 days, before anyone can even apply for the 7th year extension. However you may want to contact your attorney for the correct advice.

Higcoptimist