Legal Question in Immigration Law in Virginia

H-1b Extension beyond 6 years.

History/Background --

-I came to USA on H-1b visa in Nov 2001.

-my 6 years on H1-b will be completing in Dec 2007.

-my current employer has started the process for my green card. The labour certificate was filed almost 1.5 yrs before but it is still under processing in backlog center.

Current Scenario/Laws --

- I am planning to change my employer.

- Per my knowledge, one can extend one's H-1b visa beyond 6 years based on the 2 facts --

[A]-365 days before one's Labour certification was filed by the New Employer, if the LC is not approved. --OR--

[B]-One has an approved LC as well as the employer has filed for 140.

Please correct me if the Laws have changed OR if my understanding of the current rules is improper.

Also, please send me web site links, which can provide me more information on this and related issues.

Question --

I am planning to change my Employer in March 2007. Is it possible that I transfer my H1-b to the New Employer, file Labour Certification under PERM processing, (hopefully) get the LC approved in 2-3 months and then file I-140 and (again hopefully) get it approved within 45 days. And then at end of my 6th year (in December 2007), be eligible to keep extending until I get the green card.


Asked on 12/05/06, 4:57 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: H-1b Extension beyond 6 years.

I believe that the answer to all of your questions is yes, except that I doubt that the green card application (I-140) submitted by the employer in your behalf would be approved in a mere 45 days.

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Answered on 12/06/06, 10:13 am


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