H1b year 7 extension

[Varanasi1]

My labor is filed in april 2013 got audited in dec 2013 and finally rejected in nov 2014. My 6 yr period ends August 2015. My employer is filing an appeal, and based on the appeal processing pending status they plan to file 7th year extension.

Assuming my 7th year gets approved till August 2016, if my appeal gets rejected before August 2016, will I be allowed to stay until August 2016 or will I have to leave immediately after the appeal rejection?

Appreciate a quick response and thanks in advance

[jairichi]

You will be allowed to stay till Aug 2016.

[Varanasi1]

Thank You very much for your quick response. As a back up option to the first Labor that is appealed/Contested, can we also apply for a 2nd labor and see if that goes thru?

 

i assume if 2nd labor goes thru Aug 2016 (Assuming the extension is granted till Aug 2016), I can move forward with I140 filing. The only question then I have is what if 2nd labor also goes thru Audit/Rejection cycle, if we contest the 2nd labor, will i get another extension beyond Aug 2016 based on 2nd labor pending status?

[jairichi]

Thank You very much for your quick response. As a back up option to the first Labor that is appealed/Contested, can we also apply for a 2nd labor and see if that goes thru?

 

i assume if 2nd labor goes thru Aug 2016 (Assuming the extension is granted till Aug 2016), I can move forward with I140 filing. The only question then I have is what if 2nd labor also goes thru Audit/Rejection cycle, if we contest the 2nd labor, will i get another extension beyond Aug 2016 based on 2nd labor pending status?

Reason for labor rejection?

Yes, another labor can be filed. If it goes through the same cycle you can get extension. But, in my opinion if this current labor gets rejected after appeal start looking for another employer if your intention is to get a GC.

[Varanasi1]

I think they gave a technical writer profile back to my HR saying that this matches to the JD for my case.

 

However, I am not a technical writer and hence my company decided to file an appeal. Thanks for the information below that beyond 7th year you can still get extension. If the Labor appeal does not go thru, as you suggested I will have to change employer and file fresh Labor.

 

My current employer is still planning to file 2nd Labor while first labor is being appealed.

 

Thanks

[Varanasi1]

Hi Jairichi, Just wanted to update you that the appeal on the first labor did go thru successfully and my employer got notified that this has been certified. Therefore we are now not moving forward with the 2nd labor as the first labor has been certified now.

 

Thanks a lot for your guidance and patiently answering my questions.

[jairichi]

Hi Jairichi, Just wanted to update you that the appeal on the first labor did go thru successfully and my employer got notified that this has been certified. Therefore we are now not moving forward with the 2nd labor as the first labor has been certified now.

 

Thanks a lot for your guidance and patiently answering my questions.

Congrats that things went smoothly for you. Thank you for your appreciation and update.