lABOR CERTIFICATION AND 7TH YEAR EXTENSION

[sroy]

AS PER INS BULLETIN IN NOV 2002 7TH YEAR EXTENSION CAN BE OBTAINED IF LABOR CERTIFICATION IS FILED BEFORE 365 DAYS OF EXPIRY OF 6 YR H1-B TERM .

MY QUESTION IS IF LABOR CERTIFICATION IS APPLIED BY COMPANY A BEFORE 365 DAYS AND AFTER FILING , THERE IS CHANGE OF EMPLOYMENT (IN THE LAST 1 YEAR OF THE H1-B), CAN A 7TH YEAR EXTENSION (AND MORE) OF H1-B BE OBTAINED WITH THE NEW EMPLOYER ? ASSUMING THE OLD EMPLOYER DOES NOT WITHDRAW THE LABOR PETITION.

 

[sroy]

Gurus Please Respond!!!!

Reply

 

[vik3001]

re:

yes it can. h1 can be from any company, not the sponsoring one.

please consult an attorney however,

vik

 

[deepbob]

I have similar doubts too since I'm in a similar situation.

Look at this link:


http://www.immigration-information.com/showthread.php?threadid=1518&highlight=extension

It talks about I-140 but that was before the new law which also included LC for 7th year extension.

Let me know if you get some info.