H-1B 7th Year Extension

J

Jasmine68

Registered Users (C)
Hi, I have a question about the 7th year extention for H-1B status. About two years ago, I received an approved/certified Labor Certification for Green Card petition sponsored by company A. Unfornately, the petition was discontinued shortly after that. I am now working for company B in H-1B status. Compay B is sponsoring me for the Green Card, and we filed a Labor Certificate in July 2002. According to current situation, the Labor Certificate probably won't go through until later next year. However, my H-1B status is going to reach at the end of 6th year in January 2003. Is there anyway I can get the 7th extension? I will appreciate any advice or comments.

Thanks very much in advance.

Jasmine
 
Not sure

According to the new rule, you can extend H1B for the seventh year only if you have a pending Labor for more than 365 days. Obviuosly you only have 6 or 7 months, but I think you can deduct the vacation you took in the past six years from the total period. See if that adds upto remaining 6 months.

I am not sure of the above and its always a good idea to contact a Lawyer.
 
Thanks for the reply. My attorney is going to file a motion to extend to the 7th year with my old approved LC.
 
Jasmine ..just a thought..if your attorney is not on top of this..u should get a new one...

helpfully yours...hehehee
 
Jasmine,

I was also in the similar position. I applied for 7th year extension based on my previous labor certification.

My H-1B extension application has been approved. I have not yet seen the Action of Notice yet so don't know for how long but Yes, it is approved.
 
Thank you all for the reply as well as ideas. vxmehra98, your case is very, very encouraging as I was almost desperate. From previous experience with INS, I think INS uses certain rules when reviewing cases. They would reject a case if they don't have rule(s) handy:-). So I was wondering if in your case, any law or case law/regulation/rules were cited for your petition? Do you mind if I ask who is your attorney?

Thanks very much.

Jasmine
 
Jasmine,
I dont have the link now, but you can find it out, your situation was discussed by Sheila Murthy in one of her "News Updates" 3-4 weeks ago, if you are interested search for it on http://www.murthy.com.
I do remeber from that article about INS indicating approval of 7th year extension based on old LC, the key though was the Old LC should have been approved. And I think in your case the LC was withdrawn so am not sure how INS will interpret the law in here.

Good Luck !!!
 
ThakurSahab: Thanks so much for your response and good wish! I did a search on the website you gave to me and found an article re INS broad interpretation of H-1B 7th year extension. It did mention that a person could obtain the extension based on a LC and I-140 filed with another company. This article was dated in May of this year. I was wondering, if it's all possible, you might be able to shed more light on how I can find the article you told me about? I think the article you recommended is right on the target as my old LC got approved.

Thanks very much!

Jasmine
 
Hi! I have a question and was wondering if you could help me? Is there any regulation on the 7th year extension based on a EDD sponsored by a previous employer? How the new law signed by President Bush in November of last year apply to this situation? Thanks very much!

Jasmine
 
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