How to Extend for 7th Yr (H1B)?

[swethaprakash]

Hi All,
Can u please share if any one got extension for 7th yr who are on H1(B). My H1 will expire in Sep27th.2003 and my company has just filed Green Card & H1- Transfer for me. Unfortunately I am in California. So, I was wondering If my labor is not approved by Sept1st,2003, Can I ask my Company to Extend H1(7th yr?). When is the best time to request for 7th yr. extension and what are the criteria? I was in India for about 80 days (in my whole H1 period). Can I utilize that? Please help me with your expertise.

 

[saxena]

Here is the criteria to extend for 7th year of H1.

1. Your date of your Green Card Labor (State) should be 365 days prior to the last date of your end of yoru 6th year.

2. Your Green Card processing should be in any other state than Labor (means state and federal should be approved).

Now in your case: You said your 6th year of H1 is coming to an end on 28th Sept 2002. That means

1. Your GC labor for the state should be filed on or before 28th sept 2001.

and

2. On 28th Sept 2002, you should have filed I-140 or I-1485.

Disclaimer - I am not an immigration attorney, please verify at your end.