Thursday, March 02, 2006
H-1B Extensions Beyond the Sixth Year.
Anonymous wrote:
My H1B is expiring in March 2007. If I want to extend my H1 Visa beyond the 6 year limit when should I apply for green card. Is there any cut off date or can I apply in a couple of months from now ? Will my H1 be extended ? Please let me know.
Many people who are nearing the end of their H-1B have this question. The law provides for extensions of H-1B status beyond the maximum six years if, at the time the H-1B worker reaches his six years, a labor certification, naming him/her as beneficiary, or an I-140 immigrant petition, has been on file for at least 365 days. It does not have to be "pending", but cannot have been denied. For example an approved labor cert filed with an I-140 for an immigrant petition filing can still be used so long as it was filed more than 365 days in the past. The beneficiary does not have to be working for the employer who filed it.
With the new PERM requirements for labor certs, this means that the recruitment activity necessary before a PERM application can be filed should commence well before one year prior to the end of the H-1B period.
Hope this helps and sorry for the delay in responding.
gcf
My H1B is expiring in March 2007. If I want to extend my H1 Visa beyond the 6 year limit when should I apply for green card. Is there any cut off date or can I apply in a couple of months from now ? Will my H1 be extended ? Please let me know.
Many people who are nearing the end of their H-1B have this question. The law provides for extensions of H-1B status beyond the maximum six years if, at the time the H-1B worker reaches his six years, a labor certification, naming him/her as beneficiary, or an I-140 immigrant petition, has been on file for at least 365 days. It does not have to be "pending", but cannot have been denied. For example an approved labor cert filed with an I-140 for an immigrant petition filing can still be used so long as it was filed more than 365 days in the past. The beneficiary does not have to be working for the employer who filed it.
With the new PERM requirements for labor certs, this means that the recruitment activity necessary before a PERM application can be filed should commence well before one year prior to the end of the H-1B period.
Hope this helps and sorry for the delay in responding.
gcf
