PERM and 7th year H1 extension

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blkwd74105

Registered Users (C)
Can someody clarify if one can extend his H1 beyond 6 years if his LC is filed under PERM? I have been told by my HR that PERM may not be eligible for 7th year extension. is it true? :mad:
 
blkwd74105 said:
Can someody clarify if one can extend his H1 beyond 6 years if his LC is filed under PERM? I have been told by my HR that PERM may not be eligible for 7th year extension. is it true? :mad:
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You can extend your H-1 beyond 6 years as long as your LC is applied 365 days before you apply for extension. It does not matter whether you applied LC in PERM or RIR or NON-RIR.
 
GC_DJ said:
You can extend your H-1 beyond 6 years as long as your LC is applied 365 days before you apply for extension. It does not matter whether you applied LC in PERM or RIR or NON-RIR.
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Having said that, the reasoning for your HR dept to say what they are saying is that since PERM is "supposed" to be processed in 45-60 days, in "theory your LC would never be pending for 365 days hence you would never qualify.

"supposed" and "theory" being the critical words.
 
is it your LC needs to be pending for 365 days or your LC filing date needs to be 365 days before your H1 expires to be eligible for 7th year extension?
 
blkwd74105 said:
is it your LC needs to be pending for 365 days or your LC filing date needs to be 365 days before your H1 expires to be eligible for 7th year extension?
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Your LC needs to be pending for 365+ days.

Of course if your H1 expire date is less than 365 days away from your filing date you could run into a situation where your H1 would expire before you became eligible for your 7th year extension. So you want to have both to be safe. But again its the time the LC has been pending that matters for extension purposes.
 
blkwd74105 said:
is it your LC needs to be pending for 365 days or your LC filing date needs to be 365 days before your H1 expires to be eligible for 7th year extension?
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Yes, LC filing date should be 365 days. If LC approved the you need to show you applied for I-140.
 
If 365 + days is mandatory for 7th year extension , people who filed for LC, in the starting of 6th Year( H1B) il.e < 365 before expires , - Assuming LC will be cleared in 60 days - priority date assume for PERM - Jan 2005, will not be eligible to file 140 ( because of retrogation problem- EB3), Lot of time need to file , I140 to get back to 2005 priority date, so Not eligible for 7th Year extension ???

this is ridiculous rule

what guys think ??
 
The Eb3 regression applies only to I-485 filing. You can file for I-140 after your LC is approved.

myitneeds said:
If 365 + days is mandatory for 7th year extension , people who filed for LC, in the starting of 6th Year( H1B) il.e < 365 before expires , - Assuming LC will be cleared in 60 days - priority date assume for PERM - Jan 2005, will not be eligible to file 140 ( because of retrogation problem- EB3), Lot of time need to file , I140 to get back to 2005 priority date, so Not eligible for 7th Year extension ???

this is ridiculous rule

what guys think ??
Click to expand...
 
Gc Dj

Hi,

My LC filing date is Dec/15/2004 and my H1 expires on 6/2/2005. I pretty much gave up my hope of getting LC before June but have been talking with my employer to have me back 6-8 month after my departure and start working in early 2006 with H1B 7th year extension.

I have already found some candidates who can cover my job during that period.

My quetion is if I can really get 7th year extension if my H1 expired and had to leave the US for some time. In my case there is about 6 month gap between the day my H1 expires and the day I am eligible for 7th year extention.

Your reply would be greatly appreciated.

TIA

Red Storm
 
redstorm said:
Hi,

My LC filing date is Dec/15/2004 and my H1 expires on 6/2/2005. I pretty much gave up my hope of getting LC before June but have been talking with my employer to have me back 6-8 month after my departure and start working in early 2006 with H1B 7th year extension.

I have already found some candidates who can cover my job during that period.

My quetion is if I can really get 7th year extension if my H1 expired and had to leave the US for some time. In my case there is about 6 month gap between the day my H1 expires and the day I am eligible for 7th year extention.

Your reply would be greatly appreciated.

TIA

Red Storm
Click to expand...
The 7th year extension rule won't apply to you once you use your 6 years of H1 and have to leave the country. The rule is for people who have applied for LC before the 6th year start. You will have to wait outside of the US for atleast a year and then apply for new H1B, which will give you six more years. In the meantime your GC process can continue if the employer is willing to do so.
 
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