Question : H1 extension beyond 6 yrs ?

[heyvishy]

Hi,

My 6th year of H1B , ends on November 2013.

My employer has already initiated the PERM process(EB2) and filed for Labor Approval,which has been pending for few months now.

Now, since my H1 will expire next year in November 2013, I need to get the H1 extension filed, at-least 3-4 months before H1B expires.

My question is, when can my employer file for H1 extension and on what basis ? ( based on labor approval ? or only after I-140 approval ?)

Please share your knowledge on this.

Thanks a lot !

[visaoct15]

If you receive a labor approval, then you can get ur H1 extension upto 1 year. If you have an approved I 140 you can get ur extension upto 3 years. Worst case if your Labor is still pending at the time of your H1 renewal you can still get upto 1 year of extension (since your labor petition is over 1 year and still pending)

[pontevecchio]

"If you receive a labor approval, then you can get ur H1 extension upto 1 year"

Absolutely not. Either PERM pending 365 days plus or I-140 pending 365 days plus or approved I-140 . No other options except any possible recapture time. Always have a Lawyer on board and I am not talking about the company Lawyer.