If LC denied, can 7th year H1B extension be filed

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laneee

Registered Users (C)
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Hello

I have a Labor Certification that was filed more than 365 days prior to the H1B expiring at the end of the 6 years. My H1B expires in March 2007. Currently my Labor Certification is in the BEC.

If my Labor Certification gets denied prior to the filing and approval of the H1B 7th year extension, can I appeal for the Labor Certification and still file for the 7th year extension?

Thank you for your help.
 
Not sure...

But you can file for 7th year extension 6 months before the expiration of current H1. If at the time, they have not decided on the case, I believe it gets extended for another year. And say, it gets denied after you get your extension, that extension must still be valid, I believe... Hopefully it gets approved though. Good luck. :)
 
Consider filing PERM on the side

Just to be on the safe side, PERM takes less than 4 months to prepare and once applied, you get approval (90% of cases) in 3 weeks, once you file I-140 you get approval in 1 month. In six months you can be in a position to get 3Yr H1 extensions. I have done so, my labor is still pending in backlog. I have recently gotten I-140 approval and my h1 also expires in 2007. So at a stretch I will get 3 yr extensions.

When you file you would be filing a separate appln your old one is still honored and it will follow its own course.

laneee said:
--------------------------------------------------------------------------------

Hello

I have a Labor Certification that was filed more than 365 days prior to the H1B expiring at the end of the 6 years. My H1B expires in March 2007. Currently my Labor Certification is in the BEC.

If my Labor Certification gets denied prior to the filing and approval of the H1B 7th year extension, can I appeal for the Labor Certification and still file for the 7th year extension?

Thank you for your help.
Click to expand...
 
laneee said:
--------------------------------------------------------------------------------

Hello

I have a Labor Certification that was filed more than 365 days prior to the H1B expiring at the end of the 6 years. My H1B expires in March 2007. Currently my Labor Certification is in the BEC.

If my Labor Certification gets denied prior to the filing and approval of the H1B 7th year extension, can I appeal for the Labor Certification and still file for the 7th year extension?

Thank you for your help.
Click to expand...

Yes, you can appeal and this will buy you more time for filing 7th year extension.

Once 7th year extension get approved, you will have more time to file a new PERM application and get I-140 approved (which will make u eligible for H-1 extensions in 3-year chunks).

Many folks who got PERM denied did the same thing...They appealed and it went into process for several months during which their attorneys filed and successfulyl obtained 7th year H-1B extensions. Good luck!!!
 
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