I only have 2 years for 6 years of H1B- question to apply labor in situation.

S

saritharaj

New Member
Hi,
I am on H1B visa status and I have already completed 4 years of my total 6years. My current employer is going through layoffs now and so they refused to apply my Labor(for green card) atleast for another 10 months. They told me that even if I can get my labor applied atleast 1 year before my 6 years term irrespective of it is approved or pending by the end of 6 years,I will be able to get extension after 6 years and so they asked me not to worry. Is this true? If not please advice me what to do in my situation.
 
According to some websites, your LC has to be approved and I140 filed in order to get 7th year extension. Make sure you have the facts from attorneys before you let your company do this to you.
 
You need to have following two for extension:

1. Labor applied 365 days before 6 years on H1B is over.
AND
2. 140 or 485 filed.

If both is not there then you will not be able to get extension.

Now fine points:

You MUST apply for Labor 365 days before H1B is due to get over and even if Labor is not cleared- ask your lawyer to file I-140. I-140 will be rejected anyway but you will get extension.

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Just a little edit:

See "Reaching 6 years H1 Cap" - people have already poured in their idea and opinion.

Hope it helps.
 
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