Filing Labor in the 6th year of H1B visa

[ImmiConcern]

Filing Labor in the 6th year of H1B visa - Does that mean the date when the Prevailing Wage is filed (or) the day when the ETA-9089 is filed

Our employer says this is the day when the Prevailling Wage was filed but so far my understanding is the day when the E-9089 is applied with the Priority date. Can you please clarify

Thanks

[Attorney_22]

If your inquiry is in regards to the AC21 provisions of the Section 106(a) which allows an extension of H-1B status when: 1) A labor certification is unexpired at the time of filing of the Form I-129 H-1B extension petition; and 2) The labor certification was filed with DOL or the I-140 petition was filed with USCIS at least 365 days prior to the date the alien beneficiary will have exhausted 6 years of H-1B status in the United States pursuant to 214(g)(4); and 3) The extension and I-129 petition are otherwise approvable. The triggering event is the filing of the labor certification with DOL. For additional questions you should contact a qualified immigration attorney directly. Good luck in your future endeavors.

[ImmiConcern]

Thank you for your reply. My question is, my ETA9089 labor certification application is filed with the Department of Labor in my 6th year of H1B. The gap between my priority date and H1B expiry date is less than 365 days. But I heard from somewhere that I should consider the day when Prevailing Wage is filed and not the day when ETA9089 is filed. So I was confused. If it is the Pravailing wage applied date, then I have more than 365 days time till my H1B expiry.

[nycgc]

Hey ImmiConcern,

The rule is ETA-9089 should be filed 365 days before 6th year H1B end date. Prevailing wage approval is just one of the prerequisite for ETA-9089 filing.

[pokh2797]

The priority date is when you file ETA 9089, NOT the day you file for Prevailing Wage. Your understanding is correct.

[ImmiConcern]

Thank you all for your reply