H1 denied 7th Year extension

M

morphius

Registered Users (C)
Hi everybody,

My H1 visa will expire on July 8, 2008, I started the PERM process last Feb 2008 to have it done (hopefully) before July 8, 2008 so I can have my 7th year extension, so I did the advertisements etc.. and the PERM was filed electronically June 9, 2008. I tried to apply for my 7th year extension and it got denied because "pending labor should be > 365 days" so I still have 30 days to file an appeal. What is the best option for me?
 
Leave the US on July 8, 2008 or within 10 days of that date. If you stay beyond July 17, 2008 you will become an illegal resident. This will cause a lot of problems for you in the future.

USCIS is correct in denying your application for H1 extension. Your PERM should have been applied before July 8, 2007. Wait outside the US till June 9, 2009 and then apply for the 7th year H1 extension. Then your labor is 365 days old, and you can get a 7th year H1 extension. This extension will be interms of one year.

But I would recommend to wait till July 9, 2009 and then apply for a new H1 visa. So that you can get a full 6 year term on the H1 visa.
 
After using the full 6-year H-1B quota, if the alien resides outside of US for more than a year, the alien will be subjected to quota again. So, the context of filing a 7th year extension in 2009 is invalid from that standpoint.
 
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