H1 6th yr, laid off, LC Pending

G

gr_b

Registered Users (C)
Hi Friends,

Can you please suggest options for my case...

My 6 year H1B will expire on Jan 14, 2010. I have 4 months of time spent abroad, so all together I have until May 15 2010.

I applied for LC with my current Employer in Oct 2007, labour went to audit.. Now I'm bein laid off and gave the roll off date as Apr 30 2009.

Please suggest the options to get 7 th yr extension..

- Can I ask 1 year extension based on my pending labor at the time of H1b transfer?

Please help me out.. Thanks in advance..
 
Last edited by a moderator:
Labor is not pending a year, and you have no approved I-140, so you cannot get an extension as far as I can tell. You could file I-140 with premium processing if you had an approved LC, but since you also just got laid off, I am afraid the road ends here for you, except if you qualify for O-1 or can some get a new job and an approved LC by March.
 
nscagony said:
Labor is not pending a year, and you have no approved I-140, so you cannot get an extension as far as I can tell. You could file I-140 with premium processing if you had an approved LC, but since you also just got laid off, I am afraid the road ends here for you, except if you qualify for O-1 or can some get a new job and an approved LC by March.
Click to expand...

if Labor is approved but I-140 and 485 is pending but not for 1yr yet, will taht qualify for another extension?
 
Last edited by a moderator:
nscagony said:
Labor is not pending a year, and you have no approved I-140, so you cannot get an extension as far as I can tell. You could file I-140 with premium processing if you had an approved LC, but since you also just got laid off, I am afraid the road ends here for you, except if you qualify for O-1 or can some get a new job and an approved LC by March.
Click to expand...

Sorry..My H1 will expire in Jan 2010..I corrected it.
Also, my labour is pending for more than a year now but I'm getting laid off in April this year..Can I still use this pending labor to get 7th yr extension..
 
I am really not sure of this option of using ur current labor.

But I guess you can definitely file a new labor 365 days before your 6 year end ( which is 15-May 2010).
So, you have got around 3 months to file a new labor so you can extend H1 beyond 6 years. You shud start rite away with your new employer.
 
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