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Immigration Issues/H1B ext. beyond 6 years

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Question
Mr. Arora,

What is the earliest date to apply for H1B extension beyond 6 years if the labor is still pending. Is it 6 months before the H1B expiration or only after the labor has been pending for more than 365 days. (For Example: if the labor was applied in 1st April 2009 and 6 years in H1B expires in 1st May 2010, Can we apply for an extension in Dec 2009 or is it only after 1st April 2010)

Thank you,
Sincerely,
Raghu

Answer
Hi,

The H1B petition can be filed no more than 180 days prior to expiration. The requested start date noted on the H1B petition should be at least 365 days after the application for alien employment certification (also known as PERM, or sometimes simply as application for labor certification) has been filed. In your example, the H1B petition requesting extension of status can be filed in December, 2009.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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