Hi Gurus,
I have heard a lot about the requirements for gaining eligibility to file a 7th year H1 extension. Can someone specify what are the rules ?
What I know is that it can be done ONLY IF I fall into either of the following two criterias :
1) Labor has been filed and is pending for over 365 days
2) No matter whenever labor was filed, as long as it got cleared and 140 is ALSO CLEARED and 485 is pending.
Is this correct ?
Because of this new PERM process, I guess that the second case may sound interesting to candidates who did not file labor within 365 days of H1 end date. An example :
==H1 end date : March 2006
==Labor gets filed through PERM (eb2) : Sept 2005
==Labor gets cleared by : Dec 2005
==140 is filed immediately and gets cleared by March 2006. (is this too much of expectation ?... how long does 140 take typically ?)
==485 is filed in March 2006 (assuming that there are no retrogressions in EB2).
Should I get extension now ?
How about if retrogession starts to apply for EB2's also ? Will they allow extension in this case ? Or would they only point me to the first rule and say "NO" to me. What options are available now ?
Any help is appreciated.
T,
Sushanta
I have heard a lot about the requirements for gaining eligibility to file a 7th year H1 extension. Can someone specify what are the rules ?
What I know is that it can be done ONLY IF I fall into either of the following two criterias :
1) Labor has been filed and is pending for over 365 days
2) No matter whenever labor was filed, as long as it got cleared and 140 is ALSO CLEARED and 485 is pending.
Is this correct ?
Because of this new PERM process, I guess that the second case may sound interesting to candidates who did not file labor within 365 days of H1 end date. An example :
==H1 end date : March 2006
==Labor gets filed through PERM (eb2) : Sept 2005
==Labor gets cleared by : Dec 2005
==140 is filed immediately and gets cleared by March 2006. (is this too much of expectation ?... how long does 140 take typically ?)
==485 is filed in March 2006 (assuming that there are no retrogressions in EB2).
Should I get extension now ?
How about if retrogession starts to apply for EB2's also ? Will they allow extension in this case ? Or would they only point me to the first rule and say "NO" to me. What options are available now ?
Any help is appreciated.
T,
Sushanta