my h1 will expire on 10/04

A

arnelmacatula

Registered Users (C)
my h1 validity will expire on october 2004,it will be 6 years then. my LC is in phili already since december 2003, but considering the backlog and the rate they are moving I dont think I would reach filing my 485 by then. do you have an idea how long it should take to extend my h1. please help so at least i can push my company when to do it.
 
Was your labor state application filed in Dec 2003? In that case, I am not sure if you can extend you H1 because the 7th year extension rule requires that the labor application (ie. the SESA RD) should've been filed at least 365 days prior to the expiry of the H1. If your application meets this criteria, I think you can apply for a H1 extension up to 6 months before expiry.
 
it was filed may 2, 2002. its in phili now for federal, so if that is the case I think I meet the criteria. but how long normally it would take does it like taking a new h1 or it just like as if your h1 is less than 6 years, and you can transfer it to any company and start working as long the company files it. Is it just like the law of the portability of h1? Thnks for the advise.
 
Originally posted by arnelmacatula
it was filed may 2, 2002. its in phili now for federal, so if that is the case I think I meet the criteria. but how long normally it would take does it like taking a new h1 or it just like as if your h1 is less than 6 years, and you can transfer it to any company and start working as long the company files it. Is it just like the law of the portability of h1? Thnks for the advise.
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You are entitled for 7th yr extension before expiration of your valid H1.
 
Yes, you meet the criteria for H1 extension. I think they allow premium processing of H-1 extensions too. I am not sure how long it takes if you don't do premium proc.

Also, the H-1 extension is based on a pending LC , so if you switch jobs and your current employer is the one sponsoring the LC, I think the extended H-1 becomes invalid as the LC petition is invalid...
 
GC is for future job, so if LC is still kept pending (i.e. not withdrawn), H1 extension is valid. If however due to change in employer, the employer who filed for LC withdraws the application - H1 extension becomes invalid.

7th year extensions are no different from regular extensions, so whatever the time it takes in your service center for regular EOS processing is the time it will take for 7th year processing.

001
Originally posted by ascii_boston
Yes, you meet the criteria for H1 extension. I think they allow premium processing of H-1 extensions too. I am not sure how long it takes if you don't do premium proc.

Also, the H-1 extension is based on a pending LC , so if you switch jobs and your current employer is the one sponsoring the LC, I think the extended H-1 becomes invalid as the LC petition is invalid...
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7th yr extn

I applied for my 7th yr extn. on sep 8th, 2003 and got the approval on march 15th, 2004. so the time estimate is around 6-7 mths. But there are cases where they have not received and had to go for Primium processing. So my advise is, if your company is willing to pay or if you want to be in the safer side go for premium processing.
 
But can you work even your application is pending. I was thinking this is kinda like when your are transferring your H1 to another company right then and then once they submit it you can work right away. Thanks for the info by the way.
 
Yes. You can work while your application is pending.

--Vortex.

Originally posted by arnelmacatula
But can you work even your application is pending. I was thinking this is kinda like when your are transferring your H1 to another company right then and then once they submit it you can work right away. Thanks for the info by the way.
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