Need info about Labor Cart process time and h1 extensions

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Hi All,


My 2nd H1 visa will expire in September 2016 (completing my 6 years).


I have a job offer in hand with joining in April 2014. The new company can start the Green Card only after 1 year of service. So I am hoping that they will start the process in April 2015.


I have few questions that can help me in making a decision.


1. How much time does the Labor approval takes.

2. Is just the labor approval enough for more H1 extensions (beyond 6 years ending in 2016).

3. What happens if the labor doesn't get approved before my H1 expires (September 2016)?

4. What happens if the Labor gets approved before Sep 2016 but i140 is not yet approved or filed?

5. Would this be a risky situation for me?


I read somewhere that if the labor is filed 365 days prior to H1 expiry, then we can still get the H1 extensions. Not sure how much this information is correct.


Thanks a lot for the help.



- Need for GC

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As a general note, if someone posts a question in the MurthyForum and does not get an answer as quickly as one is needed, he or she should arrange to speak with an attorney for the necessary legal advice. The answers provided here are informational only and do not constitute legal advice.


One of the most important things to consider in this kind of situation is that processing times can change and how long it takes to file can be impacted itself by how long it takes to get a PWD, what the prevailing wage is, what kind of response there is to recruitment from applicants, so the later one starts the higher is the chance that a person will not be eligible for extensions beyond the 6 year limit.


There are two ways to extend beyond the 6 year limit on H1B time: with an LC filed 365 days ago without a final decision or an approved I-140 with a non-current priority date.


A rumor that I have been recently hearing about is the idea that a person is eligible for extension of H1B with an approved LC even when it is less than 365 days ago filed without an approved I-140. This is wrong. If you have an LC approved and no approved I-140 and the LC was filed less than 365 days ago, there is no ability to extend status based on that LC.

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