7th Year H1B Extension


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My 6th year H1 will end on April 26th 2012 but i have my I-94 till May 19 2012.

I have approved labor but it is filled in sixth year of my H1 and also my I-140 is filled and is in pending status.

With your expert knowledge can you please reply for my below questions :

1. With approved labor cant i apply for my 7th year H1 extension(My Labor was filled in 6th year of my H1 and got approved)

2. To apply for my 7th year extension do i need to have both labor & I-140 approved?

3. Can i go for premium processing for my I-140 since i am at the end of 6th year of my h1b.

Thanks in advance, your reply is truly appreciated and will give me some piece of mind.

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Generally, an individual is eligible to extend their H1B status beyond the normal six year limitation if they have a labor certification that is valid and filed on their behalf more than 365 days prior to the end of their six years of H1B status, or they have an approved and valid I-140 petition. Most I-140 petitions are eligible for premium processing provided the I-140 was filed with the original certified PERM application. Lastly, it is advisable to keep track of your allowed H1B period, if CBP made an error on your I-94 card it is incumbent on you to either correct it, or at least follow the correct guidance. If you have additional questions please contact a qualified U.S. immigration attorney directly.

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