Help needed : H1-B 7th Year Ext.

[gpusa]

Hi,
I am soon planning to seek 7th year extension of my H1-B as I have only 4 months left on 6-year limit.

At present I am working with company X. But I have applied my labor through a different company. The labor has been pending for more than 365 days now.

Now I want to apply for H-1B transfer (company X to company Y) AND 7th year extension. I am planning to leave company X and join company Y (one who is doing my labor app).

1). Can I be able to apply H-1B transfer (company X to company Y) AND 7th year extension TOGETHER through company Y?
2). Or do I need to do H-1B transfer (company X to company Y) first for remaining H-1B period on 6-year limit AND join company Y (to be on their payroll for 1-2 months) AND FINALLY apply for 7th year extension through company Y?
3). Do I need to be on Company Y payroll before I seek 7th year extension through them?

Please advise any suggestions, pitfalls, etc.
Thanks in advance,
dav

 

[yvjanardhan]

Hello there,

I do have the similar issue but mine is for recapturing time and 7th year extension together. So i asked my attorney and she said we could request the INS to approve them together. But she says approving both or one of them is completely at the INS Descretion. So i think you could try to request. Approach your attorney. It may not be possible to get the 7th year in my case as there is lessthan 365 days which i am trying to capture. But in you are absolutely eligible and i dont think transferring employer wont be an issue. Hope this helps.

Best of luck !

VJ