Reply for Karns - H1B 7th yr ext
Karns,
The foll. is from
www.fan-law.com
""As regular readers are aware, the American Competitiveness in the Twenty First Century Act (AC21), in certain circumstances, allows persons in H1B status to obtain extensions of that status beyond the six-year period (usually referred to as "seventh-year extensions"). Sections 106(a) and (b) of AC21 set forth the following two requirements for such extensions: first, a labor certification application must have been filed for the person at least one year prior; and, second, either the I-140 (Immigrant Petition for Alien Worker) must also have been filed and be pending or approved, or else the I-485 must be pending. In those cases that do not require the filing of a labor certification, like the national interest waiver cases, the I-140 must have been filed a year prior and the I-140 or the I-485 must be pending.""
The important part is the "AND" between the above two conditions.
On first reading this, I was like ..How the hell can one file for I-140 while still waiting for LC approval and here is what I came up with as an example - Someone who has his LC approved might NOT qualify for the 7th yr ext according to the above two conditions:
H1B - 6 yrs expire Dec 2003; applied for LC, say, Feb 2003 and LC approved Oct 2003 and still waiting for 140 approval - in this case, even though his LC has been approved, since it was filed less than a year back at the time of 6yr limit expiry, he CANNOT apply for 7th yr ext.
You SHOULD talk to your lawyer IMMEDIATELY and confirm these rules.