Hi guys, Can someone help me with this situation? My H1B 6th yr. is expiring on April 30th. My current employer filed a transfer of H1B in October 2003 and it is still pending.
---- I hope your lawyer filed H1 EXTENSION not transfer till April 30th. If the transfer or H1 extension was filed before your H1 expiry or I-94 expiry date then no need to worry you are in status and you may have got the H1 transfer or H1 extension filing receipt from USCIS (check with lawyer who filed)
He filed for my Labor Certification in March 2003. He is going to file for 7th year extension at the end of March.
--- he can file for 7th year H1 extension if LC was filed 365 days back and lawyer has the evidence that LC was filed 365 days back. Let him file you are eligible for 7th year H1 once your pending LC hits 365 days
I am confused as to what if current H1B approval does not come through by April end (if I don’t go for premium processing now), what will happen to new 7th year extension petition and how will INS treat that old H1B.
---- No problem if H1B approval does not get approved before April 30.your lawyer is the correct, he will file 7th year H1 extension with the pending H1extension filing receipt and LC filing receipt that has evidence that LC was filed 365 days back. Once he files 7th year H1 and gets filing receipt you are ok. For more info go to your lawyer
