H1b 8th year extension - Labor still pending:(

[sivi3883]

Hello everyone,

 

I think my case is really weird as my labor/perm is pending for almost 1.75 years now. To be honest, I have not heard about anyone who has pending labor for this long.

When I applied for the 7th year H1b Visa extension, I got it with no issues since my labor was pending for exactly 1 year. There were many audits on my perm case and my employer replied to the last audit 2 months back and I totally lost the hope on its approval.

 

1) With that being said, will I be eligible for 8th year H1b Visa extension?

2) I guess I can apply for extension before 6 months of my petition expiration. Now I am with in the last 6 months of my petition(my petition is valid till sept 2014). It is advisable to apply for H1b Visa extension now itself or before 45 days of expiration(ie sometime in Aug 2014).

3) The reason why I wanted to apply for extension now is:

    a) Even if my labor gets denied sometime around  Sept 2014, I think it will definitely affect the H1b-Visa extension process. 

     b) If i apply it now and get the approved petition till sept 2015 and then if my labor gets denied, atleast I will have sometime to re-appeal on my case or so. 

 

It would be really helpful if you can throw your suggestions on my three questions above, please.

 

Regards

Siva

[jairichi]

1. Since PERM is pending for more than a year you will get one year extension again.

2. Now.

3. b. Good strategy.

[sivi3883]

Thanks a lot for your response. Will keep things updated here as it progresses!