H-1 ext. beyond 8 years ......

A

Aztek

Registered Users (C)
I completed my 6 yrs on H1 back in April 2005, switched the employer and got 2 yrs H1 extension (valid till April 2007) based on LC petition filed by old employer. Now my new employer is starting the GC process of which the first step is to go for LC under PERM process. From now on, I would have about a year left on my H1 status. I talked to the lawyer and according to him, the DOL would take a decision on LC petition in about 6 months and after that we can move on to file for I-140. According to lawyer, since this whole process would have started a year ago, so by April 2007, I would be eligible to get H1 extension. I am not clear on this point. My understanding is that either your LC OR I-140 needs to be pending more than 365 days to get H1 ext. While he is assuming the combined time for LC + I-140. Please advise based on your knowledge/experience. I want to make sure he is not taking me for a ride and then at the end of my current H1 period, he leaves me high & dry saying I can't get H1 ext since my I-140 is not pending over 365 days.

Thanks all.
 
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You can extend your H1 beyond 6 years, if it has been more than 365 days since you filed LC at the point your H1 is expired(to be strict, at the new employment start date stated in LCA). It does not matter if LC is approved or pending, and it does not matter if I140 is pending or not.

And you also can extend your H1 if I140 is approved regardless of your LC's age.

So, if i read your post correctly, your lawyer is right.
 
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finally some reply.

Thanks a lot GotPR? for your input. I had a meeting with the attorney and got this matter clarified to same conclusion as you mentioned. As long as the priority date is 365 days older, I can get H1 ext.

Thanks again.
 
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