H1 extension beyond 6th year, tricky situation...

[tejasP]

Hello Attorneys

 

I need your advice for below situation.

I am on H1-B. Came to USA in October 2007. My employer(X) applied PERM process on June 2012 and labor got denied in April 2013. My employer re-opened the case and it went to BALCA. I decided to transfer my H1 to a different company(Y) based labor pending from X employer in July 2013. The new employer Y applied H1 transfer for 1 year based on pending labor from X employer and 4 months time left from 6 years H1 duration. USCIS approved only a year H1 visa for new employer Y till July 2014. I joined Y. Y has also applied a new fresh labor in Nov 2013 and currently in process status. Mean while X employer has withdrawn the labor. I am not sure if approved 1 year H1 transfer is based on pending labor and still 4 months from H1 6 years can be claimed?

 

Can I now again apply for H1 extension for 4 months left from 6 year H1 quota with current employer Y?

 

Thanks you so much.

Regards,
Tejas

[rohang]

i dont think so. thr is no remaining time ( 4 months) as you are on h1b for more than 6yr. As per me only feasible thing is to go out at the end of h1b and wait, once PERM is 365 pending, (employer) file extension go for stamping and come back.