Legal Question in Immigration Law in California

It takes quite a long time to process PERM labor certification right now. We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or contact us via [email protected]. Thank you.

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As you probably already know, you are entitled to a maximum of 6 years on H-1B, but can get extensions beyond that time period (through AC-21) if the sponsoring company filed a labor certification for you prior to the end of your 5th year in H-1B, or an I-140 has been approved and you cannot adjust but for the country limitations. Since you mention that the Company's I-140 was denied, you are right that it would be important for you to have another labor certification started right away. The new company that will file the labor certification on your behalf should contact an immigration attorney to obtain the best strategy to assist you in working for them, and how you can continue to maintain H-1B status now past your 8th year. The processing times for a labor certification/ I-140 vary depending on your country of birth and the category you are in (EB-3 or EB-2). The EB-3's are backlogged several years (5-7 years). EB-2 is current for most countries, but for China and India, it is backlogged several years as well. I would be happy to assist should you have follow up questions. I can be reached at 415-387-1364 or email: [email protected].