7th year extension with approved labor


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I have applied my labor in 5th year of my H1B period. I got my labor in 6th year of my H1B period. If I want to apply for 7th year H1B extension, Do I need to have I-140 approval Or Can I get 7th year extension with approved labor.

Please help,



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As you can learn on MurthyDotCom, the law generally provides that one is eligible for extensions of H1B status beyond the 6 year limit, at 12 months at a time, when one is the beneficiary of an LC or I-140 pending for at least 365 days.

Specific legal advice does require consultation with an attorney and may be more helpful to an individual than general information about the immigration law.

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In short, if your LC applied 365 before the end of 6 year limit (Eg. your 6 year limit expires on Dec 31 2010, you must have applied on or before Dec 31, 2009), you will get 12 months extension.

If your I-140 is approved, you will get 3 year extention. File your I-140 in premium (if already applied, upgrade to premium) and you will get in 15-30 days (may be earlier). Then you can apply for H1B extension for 3 years. Much cheaper by cost/time wise.

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  • 4 weeks later...

i'm in the same boat...worse....still waiting for PERM approval...

if you have already recaptured ur time spent outside US......only option is to go out of the country & file a h1b extension after the 140 is approved.....a lot of people convert to h4 if they are married.

I see 140 getting approved in 2-3 days....did ur employer file for premium processing?

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