H1 extension after 6 year

[langada.tyagi]

Hi All,

Please advice. My situation is as follows.

- My H1-B 6th year is expiring 3/30/2008 (exactly one year left from today)

- I have Labor and I-140 approved from my current employer in EB3 (Worldwide category). Priority date December 2005.

- I am planning to change job. My new employer will file Labor in EB2. It will file in about May/June 2007 , I guess.

- If everything goes well, I will have approved labor and I-140 before my H1b expiration. I should also have I-185 pending by that time since EB2 worldwide is not retrogressed.

Questions:
1. Because EB2 (Worldwide) is not retrogressed, after I-140 approval, will I be able to extend my H1B ? I will have I-185 pending by that time.

2. If I-140 does not get approved before h1 expiration, will I be able to extend my H1?

3. Because I already have approved Labor and I-140 from my current employer, will that help in any way for H1 extension?

4. Should I be changing the employer while on the 6th year on my H1? What are the different ways the H1 can be extended if I change the employer in the sixth year? EB2 is not retrogressed in the worldwide category.

I appreciate your help. Thanks a lot

 

[great guru]

z

Hi All,

Please advice. My situation is as follows.

- My H1-B 6th year is expiring 3/30/2008 (exactly one year left from today)

- I have Labor and I-140 approved from my current employer in EB3 (Worldwide category). Priority date December 2005.

- I am planning to change job. My new employer will file Labor in EB2. It will file in about May/June 2007 , I guess.

- If everything goes well, I will have approved labor and I-140 before my H1b expiration. I should also have I-185 pending by that time since EB2 worldwide is not retrogressed.

Questions:
1. Because EB2 (Worldwide) is not retrogressed, after I-140 approval, will I be able to extend my H1B ? I will have I-185 pending by that time.
You can extend your H1 beyond 6th year based on EB3 labor and 3 years extn with I 140 approval. Mind it ,it is based on your previous employer not withdrawing its petiton or substituiting somebody else on this labor cert. If your previous employer cancel the LC then you do not have any LC pending more than one year to extend your H1B while you are in new company

2. If I-140 does not get approved before h1 expiration, will I be able to extend my H1?

3. Because I already have approved Labor and I-140 from my current employer, will that help in any way for H1 extension?

4. Should I be changing the employer while on the 6th year on my H1? What are the different ways the H1 can be extended if I change the employer in the sixth year? EB2 is not retrogressed in the worldwide category.

I appreciate your help. Thanks a lot