H1 7th Year Extension Eligibility question: URGENT plz

[santa02]

All,

My 6th year on H1-B will end December 2013. My employer is willing to start the Labor ( GC First step) process starting Jan 2013. Am I eligibile for 1 or 3 years of extension based on

(A) If my Labor is pending by end of 6th Year? OR

(B) If my Labor is approved by end of 6th Year? OR

( C ) If labor approved and I-140 applied?

Let me know if I am eligible for 7th year extension based on (A) or (B) or ©?

If not, what are my options? Please suggest.

Thank you in advance all for your valuable suggestions and help!

-San

[pontevecchio]

PERM Pending 365 days or I-140 pending 365 days or approved I-140 are the only ways to get H1 extensions beyond the initial total of 6 yuears.

[santa02]

Pontevecchio,

Thank you for your reply. I am still a bit unclear

What if PERM (Labor) is approved and I-140 Pending...Am i eligible?

that is .if I was able to apply I-140 with my Priority date 365 days or old.....I will be eligible right??

I just want to confirm, Sorry for repetition of question...

[PriyamvadaPrabhu]

Hello Pontevecchio,

I have a situation - my first PERM got denied owing to mistake from the lawyer's end. My employer has applied second time for PERM. And even second time it has been selected for a random audit.

If it so happens that my PERM is not approved but pending approval for less than 365 days before 6 years on my H1B are exhausted, what are my options?

Thanks!

Priya

[catx]

The laws, regulations and rules regarding H-1B visa extension beyond the initial 6 years are clear and unequivocal. At the expiration of your H-1B visa at the end of your initial 6 years ...

1. As posted, if your PERM labor certification application has been pending for 365 or more, then you are eligible for a 1 year extension.
   
2. If your PERM labor certification application has been approved AND your I-140 petition has been pending for 365 or more, then you are eligible for a 1 year extension.
   
3. If your PERM labor certification application has been approved AND your I-140 petition has been approved, then you are eligible for a 3 year extension.
   

If you PERM labor certification has been pending for less than 365 days, then you are not eligible for a H-1B visa extension, and you would have no authorization to stay and work in the U.S. beyond expiration of your H-1B visa at the end of your initial 6 years.

Also, if your PERM labor certification application has been approved, but your I-140 petition has been pending for less than 365 days, then again you are not eligible for a H-1B visa extension, and you would have no authorization to stay and work in the U.S. beyond expiration of your H-1B visa at the end of your initial 6 years.

[sinthu]

Hi

I have situation. I worked for company X and they applied for my GC in EB3. I got my I140 approved. I had 1.5 yrs left out of my 6 years.

I joined company Y, they applied for transfer and extension till Dec-2013. They didn't request for 3 yrs based on approved I 140. The reason is, their contract with client expires by Dec-2013. They renew every 3 years.

Company Y told we can start labor now inorder to keep you here after 6 years of H1b.

My question is if I transfer to company Z, is it possile for them to request visa for 3 more years based on I140 approved?

[pontevecchio]

2sinthu,,

Yes.

To the other posters there are ways like recapture time etc and you should get a Lawyer involved.

[ratnaiyer]

Hi,

My Perm has been approved in which i had stated a total experience of 8.5 yrs. But I would not be able to provide the experience letters of couple of yrs because i couldn't contact some of my old employers. So in this case will there be any issues for my I140 approval?

Also my second question is

I have my H1 visa valid till feb 2013, wherein i will be completing 6 yrs. If I apply for H1 transfer to another employer, then will it get trasferred and extended and if so till how long?

Thanks