H1 Extension beyond 6 years

T

TiredDesi

Registered Users (C)
I saw the following information on http://www.immigration-law.com/, 06/17/2005 updates.

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.

Currently, I'm on H1 beyond 6 year limit pending labor application for more than 365 days. According to above update, since visa numbers are unavailable until Sep 2005, I thought I might be elibible for 3 year H1B extension. When I indicated the same to my lawyer, they responded that 'Such H-1B extension are only available to individuals whose I-140 petition has been approved, but who are unable to file I-485 applications due to priority date/visa unavailability. Therefore, you are not currently eligible for such an extension.'

Does anyone know if 3 year H1B extension is possible for individuals whose labor application is pending when visa numbers are unavialable? Can anyone provide any references so that I can show convincing evidence to my lawyer?

Thanks
TiredDesi
 
TiredDesi said:
I saw the following information on http://www.immigration-law.com/, 06/17/2005 updates.

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.

Currently, I'm on H1 beyond 6 year limit pending labor application for more than 365 days. According to above update, since visa numbers are unavailable until Sep 2005, I thought I might be elibible for 3 year H1B extension. When I indicated the same to my lawyer, they responded that 'Such H-1B extension are only available to individuals whose I-140 petition has been approved, but who are unable to file I-485 applications due to priority date/visa unavailability. Therefore, you are not currently eligible for such an extension.'

Does anyone know if 3 year H1B extension is possible for individuals whose labor application is pending when visa numbers are unavialable? Can anyone provide any references so that I can show convincing evidence to my lawyer?

Yes, your attorney is correct.

If Labor or I 140 is pending more than 365 days you are eligible beyond 6 yr extention in the increment of 1 year only.

If I 140 is approved and the dates are not current you are eligible for 3 years extn in the increment of 3 yrs.
Thanks
TiredDesi
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"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. "


I plan to join new employer and entend my 8th year H1B since my I140/I485 denied with current employer b/c of the ability to pay issue. My new employer is not applied my LC before my 5th year so it is not pending 365 days before my 6th year completion. In this situation New Employer Can apply my 8th year extension based on the pending labor or not?

Please advise me my current 7th year H1B is valid only another 2 months.

Thanks a lot.
 
Help Needed: Another H-1B Extension Issue

Currently, I am in my 5th and a half year of H-1B with Labor Certification filing stuck in Philly for more than 365 days.
However, my company may go bankruptcy very soon and I cannot wait for my greencard with them.

My questions are as follows:
1. If I can find a new employer to transfer my H-1B and apply the PERM right away, am I able to extend my H-1B with the new employer for the 6th year?
My concern is my new PERM application will not meet the 365 days rule to be qualified for H-1B extension.
2. Any workaround?

Urgently needs your help!
Thanks!! :)
 
First get the LC details from your current employer and based on the LC details you can file the H1B extension with your new employer. Please consult with your lawyer also.

All the Best.
 
supcl said:
Currently, I am in my 5th and a half year of H-1B with Labor Certification filing stuck in Philly for more than 365 days.
However, my company may go bankruptcy very soon and I cannot wait for my greencard with them.

My questions are as follows:
1. If I can find a new employer to transfer my H-1B and apply the PERM right away, am I able to extend my H-1B with the new employer for the 6th year?
My concern is my new PERM application will not meet the 365 days rule to be qualified for H-1B extension.
2. Any workaround?

Work out how many months you are out side US during vacation, if it is sufficent, recapture it and adjust it with 365 days pending period to file 7th yr extn

Urgently needs your help!
Thanks!! :)
Click to expand...
 
pu4gc said:
First get the LC details from your current employer and based on the LC details you can file the H1B extension with your new employer. Please consult with your lawyer also.


You can not use a LC from a bankruptcy company to extend your h1 beyond 6th year.All the Best.
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