Confused regarding H1-B 7 year extension

H

hope20046

New Member
Hi Gurus,

Based on the regulations, a person with either LC or I-140 pending over 365 days can apply H1-B extension. But what happens if the person has his/her LC approved within 1 year before his/her 6th year H1-b is expired. In this situation, this person will have I-140 pending but it will be pending less than 365 days.

I asked a lwayer he told me the person can not get H1-b extended in this situation. I don't think he is right, but I am afraid he may be right. Anyone has better understanding of this rule? Thanks!
 
To my knowledge I-140 pending for 365 only needed for EB1 type. I think you are right, to my knowlede you can seventh year extension.

Please check on www.murthy.com for more details.
 
This might anser your question.

I got this from immigration-law.com, this might answer your question.

Q64: I am in a H-1B status and my six-year H-1B limit will reach in June 2006. I filed the PERM application on July 24, 2005. Since the 7th year H-1B extension requires filing of a labor certification 365 days prior to reaching the 6th year limit, I may not be eligible for the 7th year extension based on this provision. What happens if my PERM application and I-140 petition are approved before my 6th year limit is up? Will I still be eligible for H-1B extension beyond the six year limit?

A: It appears that you are not eligible for the 7th year H-1B extension in one-year increment because your labor certification was filed after you reached the 5th year of H-1B. However, the good news is that you appear to meet the three-year increment H-1B extension provision of AC 21 assuming your I-140 is approved before you reach the 6-year limit and because of the visa number retrogression you will not be able to file I-485 application. The H-1B extension in three-year increment does not require that your labor certification was filed at least 365 days before you reach the 6-year limit.

Thanks
Vj
 
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