Need help with Labor certification and valid status

[cristinanj]

A friend of mine has filed for labor certification a year ago and he is still waiting to get for his labor approval. But he has used up all 6 six years on his H1 visa.

Can he stay in this country beyond 6 years eventhough he didn't get his labor approval?

 

[dsatish]

7th year extension is allowed if and only if the labor is filed 365 days before the expiry of the 6 yr term (that means before the person completed 5 yrs here). After that he can go for 1 yr extensions every year.

 

[ar888]

Originally posted by cristinanj
A friend of mine has filed for labor certification a year ago and he is still waiting to get for his labor approval. But he has used up all 6 six years on his H1 visa.

Can he stay in this country beyond 6 years eventhough he didn't get his labor approval?

He needs to get his 7th year H1 extension to stay in this country, based on his pending labor certification for more than 365 days.