If LC(PERM) applied in 6th year & approved.I-140 pending.Can i get 7th year H1 extn.

kn2006

New Member
I have my LC applied in the 6th year of my H1-B Visa through the PERM process.

If my LC is approved and I apply for I-140 in the 6th yera and it is pending, can I get 7th year extn on my H1-B visa?
 
7th year Ext

If someone applies labor in 6th yr and can he apply for 7th year H1 if both labor and 140 are approved in the 6th year?
 
H4 to H1 in 7th yr extension,approved for 3 years

I was on h4 for 6 years and during my husband's 7th year extension i applied for my H1( which is a violation since it was my 7th year on H4 too) but it got approved for 3 years and i also got my SSN , i worked for a few months and now i want to transfer my H1 to another company.My lawyer has suggested that the new company should apply for LC immediately so that by the time INS sends an inquery my labor would have already been approved ....and once the labor get approved , no one can question me on anything....Is my lawyer right? Are we on the right track? my husband's company has aslo applied for his GC ....We don't want any problems to arise later. please advise...
 
7th Year H1 extension

Hi ,
I will be completing 6 years on my H1 in Jan 2007.
My employer has filed for my labor under PERM in Oct 2005 and it's still under process. My question is: Can I get 7th year extension if my labor get's cleared before Jan 2007 and my employer applies for I 140 ? In other words is there any rule like labor , I140 also needs to be filed prior to 1 year of H1B expiration?
 
amitabheeeee said:
I was on h4 for 6 years and during my husband's 7th year extension i applied for my H1( which is a violation since it was my 7th year on H4 too) but it got approved for 3 years and i also got my SSN , i worked for a few months and now i want to transfer my H1 to another company.My lawyer has suggested that the new company should apply for LC immediately so that by the time INS sends an inquery my labor would have already been approved ....and once the labor get approved , no one can question me on anything....Is my lawyer right? Are we on the right track? my husband's company has aslo applied for his GC ....We don't want any problems to arise later. please advise...

As you understand, your h1 is approved most likely mistakenly and you are working.. I do not think you are on right track.
 
satya6030 said:
Hi ,
I will be completing 6 years on my H1 in Jan 2007.
My employer has filed for my labor under PERM in Oct 2005 and it's still under process. My question is: Can I get 7th year extension if my labor get's cleared before Jan 2007 and my employer applies for I 140 ? In other words is there any rule like labor , I140 also needs to be filed prior to 1 year of H1B expiration?
What matters for 7th year extension is your LC or I140 must be older than 365 days. Your LC will be older than 365 days in Jan 2007, you are eligible for 7 the year. it's not necessary LC should be cleared nor I140 must be filed.
 
unitednations said:
1) I-140 approved (doesn't matter how old the 140 was filed or the underlying labor, as long as it is approved before your six years expires)

Could you please provide the link to the memo or law for this.
 
7th Year extension

unitednations said:
3) Labor certification which will be used by h-1b beneficiary to file an I-140 later is older then 365 days by the time six years finishes. Even if it is approved, the I-140 is not required to be filed on the labor at the time of asking for extension beyond six years.

Above three criteria is the law and use of USCIS procedural memorandum.

Thank you GotPR? and unitednations for your answers. :)
 
PERM and 7th year extension

Gurus. My PERM application was approved in on February 15 , 2006 after 8 months from the date of filing. My sixth year on H1 B ends on October 10, 2006. We are in the process of filing a I-140. Given the circumstances, would I still be eligible for a 7th year extension on my H1-B. The imm. lawyer seems to think the fact that the labor cert application has not been pending for 365 days and the the I140 is yet to be approved (not pending for more than 365 days) makes me ineligible for a 7th year extension. Is this true. Any guidance including refernces to USCIS memos would be greatly appreciated. Many thanks.
 
What is Yates notification ?

Extn beyond 6th year will be granted if

1. Your LC (PERM/NON PERM/Regular/RIR) is pending more than 365 days. (You must have filed your LC atleast 1 year earlier to your H1 6 yr expiry)

2. I 140 is pending more than 365 days ( Certain job category you no need of LC approval).

Check Did you meet these creteria first.?
SOme expectional cases, people got their PERM LC approves/ filed I 140/I 485 at the last minute in 5th year and adjusted their status with no H1 extn.







(8) Extension of H-1B Status Based on a Pending Labor Certification Application or Employment-Based (EB) Immigrant Petition. As discussed in section 31.2(d) of the AFM, assuming the alien is otherwise qualified for an extension of H-1B status, USCIS will grant an extension beyond the 6th year if the filing date of a pending or approved labor certification application or a pending or approved EB immigrant petition is 365 days or more prior to the requested employment start date on the H-1B petition. Such extension should be granted regardless of whether the H-1B extension application was filed prior to the passage of such period. However, if the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, then the extension of stay request cannot be granted. The Secretary of Homeland Security is required to grant the extension of stay of such H-1B nonimmigrants in one-year increments until a final decision is made to:
Sanghamitra said:
 
What if PERM is approved in my 6th Year

unitednations said:
There are three conditions to get extensions beyond six years:

1) I-140 approved (doesn't matter how old the 140 was filed or the underlying labor, as long as it is approved before your six years expires)

2) I-140 is older then 365 days by the time six years expires (this is mainly for cases which don't require a labor

3) Labor certification which will be used by h-1b beneficiary to file an I-140 later is older then 365 days by the time six years finishes. Even if it is approved, the I-140 is not required to be filed on the labor at the time of asking for extension beyond six years.

Above three criteria is the law and use of USCIS procedural memorandum.

United Nations,

I got my PERM approval couple of weeks back. This PERM application was filed in Dec'2005.

My 7th year starts in July 2006. I have a labor pending from a previous company in the Dallas backlog center.

Am I eligible for 7th year extension if I apply for 140 now?
 
What if PERM is approved in my 6th Year

unitednations said:
You can use the backlog labor since it was older then 365 days from the time your six years expires. (note labor can be different from the compoany who holds your h-1b).

Or

You can wait until just before six years expires and see if your I-140 with the perm labor gets approved. if you are subject to retrogression, you will be able to extend; no matter how old the labor is.

The part that I discuss regarding approved I-140 and doesn't matter how old the labor is; is section 104 of AC21. This section only states that if you are the beneficiary of an I-140 (USCIS interpretation is it has to be approved) but you cannot adjust status due to visa regression then you can extend h-1 until approval of permanent residency. This section doesn't say how old the labor or the I-140 has to be. Only that you can't adjust because of retrogression and you are the beneficiary of an approved I-140.

Section 106 is the situations where I-140 isn't approved or labor hasn't been approved. In those cases is where the 365 days comes into play.

United Nations,

Thanks for the reply.

What if my pending Labor with the previous company which is pending for more than 365 days gets approved before July 2006.

Am I still eligible for 7th year extension.

The reason I am asking this question is, lot of people who had applied around the same time frame Aug 2003 are getting their approvals from DOL Backlog Centers. I am not with that firm anymore.
 
compiler said:
Actually he can't. He has to duck.

Yeah, there is no such memo.
His previous post just says approved I140 is enough no matter how old LC is for 7th year extension, and he did not put "if" statement like "If PD was retrogressed" or "If I485 could not be filed". That is why I wondered what USCIS memo disctateed such a rule and I asked to provide link. As his later post said "If it's retrogressed", I for sure agree with him.
 
Ok, I have read the above posts and am still confused: I will be in the 6th year of my H1B starting in March of 2006. I just started and new job and my new employer has told me that they will apply for LC later this year after they have evaluated my job performance. I thought that the application has to be submitted at least 365 days before my visa expired in March of 2007, but my employer told me that as long as the I-140 is appoved before March of next year it doesn't matter when they apply. Who is correct? I don't want mistakes to be made since time may be running out.
Thanks
 
Post #16 from UN is answering your question.
In short, 365 days old LC or approved I140 with your category retrogressed gives you further extension of H1. Or if it's not retrogressed, you can file I485 immediately after I140(or you can file I140+I485 together) which gives you authorized stay.
 
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