H1B: 7th year extension - But labor not yet approved.

[sivi3883]

Hello All,

I will be completing my 6 years in Sept 2013 and got a few questions with respect to H1B extension.

1) I have applied for labor on Aug 20 2012 (Just a few days before the start of my 6th year). I got an Audit notification and response was filed for it on Nov 2012. My attorney has not got any updates on my case from Dec 2012. Does Labor processing take this long time usually? I heard we would get the response from USCIS in 3 months but its almost 5 months since I filed the response for audit notification

2) If I don't get the response from Labor at all for the next 5 months, I hope I can still apply for H1b Extension. Please note that this is my extension after 6 years and since I have applied for labor before the start of 6 year I assume I can apply for extension even if I don't have labor or I-140 approval.

3) If my above understanding is correct, then until when I can wait to apply for the H1B extension(my current visa is expiring in Sept 2013)

4) This is a dumb question, still asking. If my labor get denied for some reason, what are the other options that I got to re-apply for it so that I can do the 7th year H1b extension. Does labor get denied rarely or frequently these days?

This labor processing is completely new as well as black box to me. I am not getting good response from my employer/attorney. It would be really helpful if you guys can help providing inputs for my questions.

Regards

Siva

[sivi3883]

Hello,

 

It would be helpful if anyone can reply to it:(

 

Regards

Siva