H1 beyond 6 years- Extension of 1 or 3 years?

A

APD

Registered Users (C)
I have my LC pending with PD of Aug 2003.
I will compelete my 6 years on H1 in Sept 2005.
Have an offer from a new company.
I know that using the LC receipt of my curent employer, I can file 7th year extension with new employer.

My question. Will I get 1 year or 3 years extension?
This is very important for me so I will appriciate response from the gurus.
 
APD said:
I have my LC pending with PD of Aug 2003.
I will compelete my 6 years on H1 in Sept 2005.
Have an offer from a new company.
I know that using the LC receipt of my curent employer, I can file 7th year extension with new employer.

My question. Will I get 1 year or 3 years extension?
This is very important for me so I will appriciate response from the gurus.
Click to expand...

Not quite, LC only goes with your current employer. You can not use LC from current employer to apply for H-1B 7th year extension for future employer. If you have I-140 on file pending over 180 day, you may jump to another employer using AC21 rule but your field of employment should be similar. If your country is not current at 485 application stage, you may apply for 3 years extension beyond 7th year.

In your case, you have no option but to stay with your current employer until you I-140 filed and pending over 180 days.

Good luck.

P.S. this is not legal advice, using this info at your own risk. Please seek legal advice from laywers.
 
Careful, not all the info from Bystander6 is current anymore:

>>I know that using the LC receipt of my curent employer, I can file 7th year extension with new employer.<<

That is correct according to new Yates memo of 5/12/05. It explicitely allows using previous employer's LC to extend while with new employer already (unless of course it has been substituted for someone else).

AC-21 doesn't apply here at all! For AC-21 to apply I-485 must have been pending 180+ days. According to the same Yates memo I-140 approval is not necessary anymore. However if visa numbers are unavailable you cannot file I-485, hence no AC-21 or EAD either....that will be a big problem to come.

However extensions will be granted in 3 year increments if:
- I-140 has been approved
- visa numbers are unavailable.

This is also covered in above mentioned Yates memo.
You should take a look at it at Shusterman's page or read a really good summary at: http://www.ilw.com/lawyers/articles/2005,0524-Eiss.shtm


Bystander6 said:
Not quite, LC only goes with your current employer. You can not use LC from current employer to apply for H-1B 7th year extension for future employer. If you have I-140 on file pending over 180 day, you may jump to another employer using AC21 rule but your field of employment should be similar. If your country is not current at 485 application stage, you may apply for 3 years extension beyond 7th year.

In your case, you have no option but to stay with your current employer until you I-140 filed and pending over 180 days.
Click to expand...
 
gc_2006 said:
Careful, not all the info from Bystander6 is current anymore:

>>I know that using the LC receipt of my curent employer, I can file 7th year extension with new employer.<<

That is correct according to new Yates memo of 5/12/05. It explicitely allows using previous employer's LC to extend while with new employer already (unless of course it has been substituted for someone else).

AC-21 doesn't apply here at all! For AC-21 to apply I-485 must have been pending 180+ days. According to the same Yates memo I-140 approval is not necessary anymore. However if visa numbers are unavailable you cannot file I-485, hence no AC-21 or EAD either....that will be a big problem to come.

However extensions will be granted in 3 year increments if:
- I-140 has been approved
- visa numbers are unavailable.

This is also covered in above mentioned Yates memo.
You should take a look at it at Shusterman's page or read a really good summary at: http://www.ilw.com/lawyers/articles/2005,0524-Eiss.shtm
Click to expand...


Thanks a lot GC_2006. You seem to have good grasp of this topic.

I just read the following on immigration-law.com

"Availability of H-1B Extension Beyond 6-Year Limit in 3-Year increment: H-1B extension beyond six year limit is available only in one-year increment for those whose visa numbers are available and who has filed a labor certification application and passed 365 days before reaching the 6-year limit. However, the rule is different for those who need extension of H-1B petition pending the labor certification application or petition or application and for whom visa number is not available. During the period of the visa number unavailable for him/her, he or she is eligible for H-1B extension in three-year increment. This difference can be important to the employers because of the outrageously expensive H-1B filing fees and cost. "

Does this mean that if LC is pending for more than 365 days and if the visa numbers are not availables ( as it is right now) one can get 3 years extension even if I-140 has not been filed ?
I appriciate your expert comments.
 
I-140 be approved for 3 years

APD said:
Thanks a lot GC_2006. You seem to have good grasp of this topic.

I just read the following on immigration-law.com

"Availability of H-1B Extension Beyond 6-Year Limit in 3-Year increment: H-1B extension beyond six year limit is available only in one-year increment for those whose visa numbers are available and who has filed a labor certification application and passed 365 days before reaching the 6-year limit. However, the rule is different for those who need extension of H-1B petition pending the labor certification application or petition or application and for whom visa number is not available. During the period of the visa number unavailable for him/her, he or she is eligible for H-1B extension in three-year increment. This difference can be important to the employers because of the outrageously expensive H-1B filing fees and cost. "

Does this mean that if LC is pending for more than 365 days and if the visa numbers are not availables ( as it is right now) one can get 3 years extension even if I-140 has not been filed ?
I appriciate your expert comments.
Click to expand...

In order to get 3 years extension after 6 year limit, you need to have I-140 approved. Otherwise it would be in 1 year increments.
 
Does the approved i-140 have to be the same employer as you do your h1b 3-yr extension?

Thx,

self_file said:
In order to get 3 years extension after 6 year limit, you need to have I-140 approved. Otherwise it would be in 1 year increments.
Click to expand...
 
I wouldn't think so (but also I have no confirming source for this) and here is the reasoning:
1) You can use LC from other employer for 1 yr extensions anyway as we established above
2) Other employer can file complete GC for you without you even ever having worked for them

1)+2) would lead me to believe that you can use the I-140 another employer (B) has filed for you for 3-yr extensions while you are with employer (A).


inwater said:
Does the approved i-140 have to be the same employer as you do your h1b 3-yr extension?
Click to expand...
 
Another item

Let me throw out another item...
maybe here someone knows anything about this.

What if you couldn't get a LC filed more than 365 days before the end of H-1B but got your I-140 approved really quick but unfortunately the visa numbers are unavailable at that point?

Can you still file for 3-yr extension or is also LC pending more than 365 days a criteria (somehow I think it most definitely is, but who knows....).
 
3-Year Extentions Possible

You will get 3-year extensions if the visa numbers are unavailable.

Here is the recent article from immigration-law.com:

Availability of H-1B Extension Beyond 6-Year Limit in 3-Year increment: H-1B extension beyond six year limit is available only in one-year increment for those whose visa numbers are available and who has filed a labor certification application and passed 365 days before reaching the 6-year limit. However, the rule is different for those who need extension of H-1B petition pending the labor certification application or petition or application and for whom visa number is not available. During the period of the visa number unavailable for him/her, he or she is eligible for H-1B extension in three-year increment. This difference can be important to the employers because of the outrageously expensive H-1B filing fees and cost.

Good luck,
Rasi
 
This site has great info and suggestions, thanks to the folks taking time to post their experiences and knowledge. I am bit confused about the mention of no visa numbers. What does that mean? What type of visas?
 
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