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...
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.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?
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)
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.
Sanghamitra said:
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.
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.
Actually he can't. He has to duck.GotPR? said:Could you please provide the link to the memo or law for this.
compiler said:Actually he can't. He has to duck.