H1 extension - 8th yr question

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Gurus,

Need some help.
Company A filed for labor which is pending for more than 365 days. In the 6th year one moves to company B. Comapnu B can apply to 7th ext based on Comapny A's labor petetion.

Now if company B applies for labor during the the 6th yr, gets H1 extended for the 7th yr based on Comapny A's labor petetion. Now can comapny B apply for 8th year extension based on the labor application made by company B during the 6th, if its pending for more than 365 days (6th + 7th yr)?

Any help is appreciated.

Thanks
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[felix31]

i dont see why not - as long as 365+ days rule is satisfied it should work...

whats the attorney saying?

 

[meg_z]

Yes. you can.

My question is the opposite. Can I use LC from A for extension at B eventhough LC from B will be pending more than 365 days before my H-1B expires. Details below:

I had to transfer my H-1B from company A to B and a couple of months later got my extension beyond 6 yrs based on over 365 days pending LC from A. A new LC was filed by company B. So now I will have to wait till the new LC past 365 days before I can file for H-1B extension (there is a 2 month difference).

If I use the old LC (pending for over 3 yrs now) to file for my extension, is it possible? I do not know if A withdrew it, but I doubt they did. I know for sure it is not approved if not withdrawn. If my H-1B extension using the old LC got denied for whatever reason, can I refile later on using my new LC from B?

Thanks.

Gurus,

Need some help.
Company A filed for labor which is pending for more than 365 days. In the 6th year one moves to company B. Comapnu B can apply to 7th ext based on Comapny A's labor petetion.

Now if company B applies for labor during the the 6th yr, gets H1 extended for the 7th yr based on Comapny A's labor petetion. Now can comapny B apply for 8th year extension based on the labor application made by company B during the 6th, if its pending for more than 365 days (6th + 7th yr)?

Any help is appreciated.

Thanks
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[bsnf]

I plan to do exactly the same thing after a couple of months.

Tired of waiting for the labor to clear.

 

[bsnf]

Yes. you can.

My question is the opposite. Can I use LC from A for extension at B eventhough LC from B will be pending more than 365 days before my H-1B expires. Details below:

I had to transfer my H-1B from company A to B and a couple of months later got my extension beyond 6 yrs based on over 365 days pending LC from A. A new LC was filed by company B. So now I will have to wait till the new LC past 365 days before I can file for H-1B extension (there is a 2 month difference).

If I use the old LC (pending for over 3 yrs now) to file for my extension, is it possible? I do not know if A withdrew it, but I doubt they did. I know for sure it is not approved if not withdrawn. If my H-1B extension using the old LC got denied for whatever reason, can I refile later on using my new LC from B?

Thanks.

Yes, you can get your H1 extended based on the application by company A as long as they have not withdrawn the application.

 

[meg_z]

I do not know if the old one is withdrawn or not

My concern is if I use it for H-1B extension and it is withdrawn (how can I find that out?), then my extension would be denied. Then can I use the new LC to file the extension at a later date? Thanks.

Yes, you can get your H1 extended based on the application by company A as long as they have not withdrawn the application.

 

[APD]

Hi

I will be completing my 6th year in Sept 2005. My PD with Company A is Aug 2003 which is well beyond 365 days. I want to join company B this month i.e. Feb 2005.

Will it be possible for Company B to seek 7th year extension right away using the LC of compnay A while my 6th year limit date is more than 6 months away?

Or I have to just do the H1 transfer right now and then seek 7th year extension while my 6 years limit is within 6 months?

I appriciate your response.

 

[meg_z]

You will have to do a transfer first then extension based on LC from A, since the earliest date you can file for extension is 180 days prior to the expairation date. My transfer petition date was less than 30 days before I could file for extension. USCIS did not allow the extension even though my attorney requested.

Hi

I will be completing my 6th year in Sept 2005. My PD with Company A is Aug 2003 which is well beyond 365 days. I want to join company B this month i.e. Feb 2005.

Will it be possible for Company B to seek 7th year extension right away using the LC of compnay A while my 6th year limit date is more than 6 months away?

Or I have to just do the H1 transfer right now and then seek 7th year extension while my 6 years limit is within 6 months?

I appriciate your response.

 

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MZ,

Has the LC from company B filed 365 days before the 6th of your H1B?

You can use the LC from A to get the 8th ext.

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Yes. you can.

My question is the opposite. Can I use LC from A for extension at B eventhough LC from B will be pending more than 365 days before my H-1B expires. Details below:

I had to transfer my H-1B from company A to B and a couple of months later got my extension beyond 6 yrs based on over 365 days pending LC from A. A new LC was filed by company B. So now I will have to wait till the new LC past 365 days before I can file for H-1B extension (there is a 2 month difference).

If I use the old LC (pending for over 3 yrs now) to file for my extension, is it possible? I do not know if A withdrew it, but I doubt they did. I know for sure it is not approved if not withdrawn. If my H-1B extension using the old LC got denied for whatever reason, can I refile later on using my new LC from B?

Thanks.