H-1B extension after 6 years(and Perm Labor Processing).

ddk2780

New Member
Hi,

I will be completing my 6 year of H-1B period in December,2013 and looking at Project need and in order to get one more year of extension in my 6th year, my employer has initiated my Green Card process and field my Perm Labor in month of June 20012.*

Unfortunately in month of September,2012 employer got audit on my Labor Perm process and in between my employer moved our office location from Texas to New Jersey.

Because of change in office location from one state to other. Attorney suggested to my employer to withdraw my Labor case from Texas and refile a fresh case from New Jersey.*

Now my employer withdrawal-ed Texas case and working on filling the fresh Perm Labor from New Jersey. Looks like it will take altogether 3 months for filling.*

Questions?

1)Since my employer filling fresh Perm Labor in January,2013(I have less than 365 days before completing 6 years on H-1B)

- Will I get one year extension, as I will be completing 6 years in December,2013(did not have any re-capture period)?


2)Can I use my withdrawal Labor case (from Texas) for H-1B extension?*(As first time we field in month of June,2012 but withdrawal)

Please help me to get answers on above questions.

Thanks,
 
For you to take benefit of 1 year h1b increment, your labor certification should have been filed before start of your 6th year. Based on what your saying, I hope you get labor and I-140 approved for you to take 3 year h1b increment after 6 years on h1b
 
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