Perm Filed as Future Employee, 7th Year Extn

[damurali]

Hi,

My current employer A does not process GC. So, I have applied GC through a consulting company B as Future Employee.

My 6years cap will be completed by June 2013. Currently my labor is on Audit. Not sure, if It will be approved before June 2013.

My questions is:

1. If my labor is in process through consulting company B, can I apply for 7th year extn through current company A?

Appreciate your response.

Regards,

Murali.

[Attorney_11]

An H-1B extension beyond six years may be requested if the individual is the beneficiary of a Labor Certification or I-140 filed more than one year before the expiration of the sixth year, or is the beneficiary of an approved I-140 in a backlogged immigrant category. The Labor Certification or I-140 can be filed on behalf of an individual by an employer other than the employer who is seeking extension of the individual's H-1B classification.

[binoca82]

Yes, you can, if the PERM was applied before 1 year to the maxout.

[damurali]

No. My labor filed in the 6th year.

[binoca82]

Then you need to get PERM and I140 approved before maxout, by that only you can get post max out extension.