Requirement for H1 extension

C

chalupa

New Member
Hi,

I found that some info about H1 extension in the net:
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Can H1B extended beyond 6years?

Though the H1B type of visa/work permit has the validity limit only for 6 years. However in some specific circumstances an H1 can be extended beyond 6 years.

American Competitiveness in the 21 st Century Act of 2000 (AC21) and the 21 st Century Department of Justice Appropriations Act of 2001 (DOJ Act) allow an H1B employer to file incremental one-year H1B extensions annually after the completion of six years on H1B status.

Under act AC21, a H1B can be extended beyond 6 yrs if :

1. Applicant's labor for Employment based green card purpose is pending for more then 365 days.
2. Applicant's petition for I-140 is approved under employment based green card and AOS/485 is pending due to Visa numbers unavailability.

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My H1 is going to expire at October-2006.

If I get my Labor at 2007, then is it true that I don't have Labor application in pending state any more? In this case, can I file 8th year H1 extension application while I don't have an I-140 case in pending state for more than 1 year?

If I can, I have a following question: after I have my Labor Certification, can I transfer to another job location in my current company? Is there a way for me to have a legal visa status for my 8th year?

Thanks
 
chalupa said:
My H1 is going to expire at October-2006.

If I get my Labor at 2007, then is it true that I don't have Labor application in pending state any more? In this case, can I file 8th year H1 extension application while I don't have an I-140 case in pending state for more than 1 year?
Click to expand...
It is NOT necessary to be pending. LC must be more than 365 days old. DOes not matter if it's pending or approved. Only question is when you filed your labor.
 
7th year h1

anybody approved 7th year extension of h1b1 with PERM approved and 140 filed but not approved, please express here if you know anybody thanks
 
chalupa said:
My RIR was filed at 2005. Thanks a lot for the answer....
Click to expand...
Count up 365 days from LC filing date and if H1 expiration is after that date, you can get 7th year.
 
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