rules for extension beyond 6 yrs

[AM4GC]

rules / rule for extension beyond 6 yrs or 7th year extension

File labor before 365 days of 6yrs of H1B.

Example: 6yrs of H1B exires Apr,2006. File labor before Apr, 2005. So you will have your H1 upto Apr 2007.

Now for example labor is certified on June 2006. You file I-140, I-485 in July 2006.
Question 1: What will happen for 8 th extension as Pending I-140, I-485 is less than 365 days of Apr 2007 ?

This thread can be found by searching Rule, rules in title. Full post search is resulting in 100s of thread

 

[AM4GC]

Check this thread for more info on rules

http://www.immigrationportal.com/showthread.php?t=160840


The rule of thumb here is that your immigration process has started 365 days before your 7th year h1 extension filing date.

1. a pending labor 365 days old
2. a certified labor wich was filed 365 days before is good with a pending I40 filed before you apply for the extension
3. a certified labor wich was filed 365 days before is good with a approved I40 and a pending I485 filed before you apply for the extension (this would enable you to get 3 year extension instead of 1 year).

Any of the above is required. A letter or receipt you received from SESA/DOL (Department of Labor) which mentions the labor application filing date, the employers name and the name of the benificiary is required to be submitted with the extension application.

Hope this makes things clear.

 

[raj_73]

7th year extension based on LC filed by previous employer

My current employer filed my LC two years back(March 2003).

My 6th year starts from July 2005. Now I have an offer form a new company and would file for my Labor
probably during Aug 2005. I hope to get Labor cleared thru PERM in Sep 2005 and file for 140 immediately.

1) Now when I apply for my 7th year H1 extension, during May-June 2006, can I use the LC filed by my previous employer(filed March 2003)?

OR

2)will I get my extension because my 140 is filed?
I know that for H1 extension, Labor has to be filed for more than 365 days.
Same is true for 140. But in this case, labor or 140 is not pending for more than 365 days.