H1B 7th yr extension - Labor pending - URGENT

[sivi3883]

Hello All,

I completed 6 years of my current H1b visa last week, applied for 7th year H1b extension and got the receipt too. Please help me in throwing some suggestions on the following questions:

1) My labor is pending for more than a year. So I guess I would be eligible for 1 year of extension. Is it true?

2) If my labor is denied for some reason, will I be eligible to re-appeal on it? Since I am out of status and currently on extension processing period, I am not sure if I can re-appeal.

3) If my labor is denied, will my H1b-extension also get denied by default?

4) I had applied my extension in normal processing. Will it be better to apply in premium? The reason why I am asking is if my labor gets denied after 3 - 4 weeks, my extension processing would have completed by that time if its premium.

 

Please let me know your inputs as I got to wrap up a lot of things here and start looking for a job back in my home country :(

Regards
Siva 

[omshiv]

That's correct, you'll get 1 yr extension if your Labor is pending for more than a yr. You can do a MTR or re-appeal on your Labor. If Labor is denied then H1B extension would also get denied. You employer should have applied in PP.

 

You dont have to worry though..if at all you plan to leave the country, you may come back once the Labor is cleared and your employer applies I-140 in PP...and once that gets approved you may come back.

 

Good luck.

[sivi3883]

Thanks a lot for your response!!!

I was in the understanding that as long as the labor is pending at the time of application of extension, I would get 1 yr extension and it would not affect if labor is denied during the extension processing period. 

Clearly I am wrong:( Let me try to upgrade the processing to premium case.

 

Regards

Siva