H1-B renewal confusion

M

mchokshi

New Member
I have applied my Labor Certification in February 2003 and It is approved in September 20, 2007. After almost 4 years. Now, my employer is ready to file I-140 by October 10, 2007. I am also in my 7th year of H1-B visa and it is expiring in August 24, 2008. I have heard that you need to have 365 days of time period between Labor Approval and H1-B renewal of VISA for 8th year. If my I-140 is still in pending stage until August 2008, still Will I be able to get my H1-B extension for 8th year? In reality, I am short of 60 days to finish the count of 365 days. On the other side, I may not have worry as my Labor was filed in year 2003.


Please Clarify.
 
mchokshi said:
I have applied my Labor Certification in February 2003 and It is approved in September 20, 2007. After almost 4 years. Now, my employer is ready to file I-140 by October 10, 2007. I am also in my 7th year of H1-B visa and it is expiring in August 24, 2008. I have heard that you need to have 365 days of time period between Labor Filing date and H1-B renewal of VISA for 8th year.
Click to expand...
fixed.
 
Please verify my understading

According to you, I should not have problem extending my VISA from August 2008 - August 2009 even though my I-140 is in pending stage. This is because I have filled my Labor in 2003 and that is more then 365 days. Please verify my understanding.
 
mchokshi said:
According to you, I should not have problem extending my VISA from August 2008 - August 2009 even though my I-140 is in pending stage. This is because I have filled my Labor in 2003 and that is more then 365 days. Please verify my understanding.
Click to expand...
That's correct.
 
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