H1-B Extension After Six Years

J

jjohn12

Registered Users (C)
My Six Year TERM on H1-b is Expiring in MAR 2003. My labor application from my current employer is pending with DOL for last one year.

I have an approved I-140 from my previous employer. Is it possible for me to apply for an extension with any of these.

Any help will be greatly appreciated.


Thanks
John
 
yes you can

you can apply for 7th year extension with prev employers I-140
and current employers laber cert application. your lawyer should know it, talk to him about it. don't take my word for it.


sreddy
 
Checked the site

Saw the site , point is clear. Does this need to go president for final approval? and i 'm not seeing this news other than ILW.com. Is this a correct info?.
 
It is true

Check http://shusterman.com , they have scrolling text window talking about the bill which was passed by the house of reps and is expexted to be passed by senate , after that the President has to sign it. After we all can apply for a 7th year extension if you have a labor application that is one year old. lets hope for the best. you can also check on http://www.immigration-law.com under breaking news.

sreddy
 
seventh year extension
For those of you who are reaching the six year limit, waiting for the Labor Certification, here is a good news.
source www.immgration-law.com

Updated 09/27/2002: House Passed Bill Expanding 7th Year H-1B Extension Eligible Aliens

The House of Representatives passed a bill as part of the U.S. Department of Justice Authorization bill expanding the eligibile H-1B aliens to those whose alien labor certification has been pending more than 365 days. Under the AC 21 Act, the only H-1B aliens who can apply for the 7th year H-1B extension are those who meet two conditions: (1) I-140 petition is filed and (2) 365 days have passed since the filing of alien labor certification. There are currently a large number of people who filed a "regular labor certification application" as early as 1998 which have yet to be certified. Most of these people are located in large states such as New York, California, Texas, Florida, etc. Some of these waiters are approaching the 6-year limit of H-1B but unable to apply for the 7th year extension because of the requirement for (1) above. The House bill which is reportedly expected to be passed by the U.S. Senate as well next week will save such labor certification waiters by allowing them to apply for the 7th year extension of H-1B so that they can complete the green card process. What a positive news! Please stay tuned to this web site for the development of this news.
 
Re:jjohn12

jjohn12, I see lots of people posting about the 7th-year extension bill. You should have no problem getting your 7th-year extension EVEN IF the bill is not signed by President by your H1B expiration date.

I obtained a letter wrote by Efren Hernandez who specifically addressed a person's case which is similar to yours. In that case, that person had a previous I-140 approved from a previous company, and filed LC 365-D prior to his 6-yr max. with the current employer, he can extend H1B for the 7th year.

Worst case scenario, one can file I-140 with an underlying NIW, and file for 7th year extension under the current law. I got this idea from several reputable attorneys.

Nevertheless, hope this bill will be passed asap. I am in the same boat with LC pending for more than 1.5 year with local SESA.
 
update

the bill is currently on the floor at senate, I watched c-span2 yesterday and couple of the senators spoke about it and all of them supported the bill. They are expected to resume talks today @11:30am EST and probably a final vote today. hope for the best.
 
Thats a real great News!!! Lets al hope for the best and president sign the Law!!!. I will also try to watch on CNN. Are there any other sites that gives the WHite house proceedings???
 
Re: ten days

The Justice Department authorization bill, which contains some immigration provisions, has not yet been signed by the President. The 10 days that the President has to sign legislation begins upon the White House’s receipt of the bill. These 10 days have not yet begun to run because the measure has not been sent to the President.

We still have hopes, that it will be signed into law.

Keep the fingers crossed.

mhsoor
 
Like all of u I do hope the president signs the d.....n bill.
I was also wondering if anyone of you face a problem with the Lawyer... I cannot talk to my company's lawyer. I work for this big organization and he seems to be busier than our CEO. In the same company I had to file the labor the 2nd time 'cus I moved to another state (same job content). He took another round of funds too. I am so frustrated that I would like to sue him once this is over.... am I the only guy who is facing this problem? and how do I handle such a sitiuation... I cannot change the lawyer and cannot butt heads with him either (I tried talking to his boss and that didn't help wither) What do u guys say... :mad:
 
The problem you have is that you are not the client until the I-485 stage. If you can't butt heads with him, and he's not cooperative, and his boss is no help, and you cannot change attorneys . . . well that's about it. Change companies (thereby changing attorneys) or buy ulcer medication.

You could certainly file an ethics complaint with the bar but that is certainly butting heads with him.
 
DOJ has not sent the bill to the President for his signature. It is still in the "to be sent in near future" status. God knows when this near future will come.

:mad:
mhsoor
 
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