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Immigration Issues/H1 extension beyond 6 years

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Question
Mr. Arora,
First I would like to thank you for your noble service to the community. My H1B expires on October 31, 2004 finishing the 6 year duration. My current employer filed for the labor certification for GC on October 7, 2003 which was prior to more than 365 days from the H1B expiration date. My question is - when is the earliest I could apply for the extension beyond 6 years? Is there any chance that this extension can be denied? I work for a Fortune 500 company and I have never been out of status.
Thanks in advance.

Surajit Pal

Answer
Hi Surajit:

The general rule is that you can apply up to 6 months prior to the requested start date. Therefore, under normal circumstances you would have been able to file on May 01 (or thereafter) and request validity dates from November 01, 2004 to Oct. 31, 2005.

However, in your case the Labor Cert. must be pending for at least one year. Therefore, the earliest that you could file would be Oct. 08, 2004. You would request the validity dates from Nov. 01, 2004 to Oct. 31, 2005. It is OK if the H-1B petition has still not been approved prior to Oct. 31, 2004; you can continue working without interruption as long as the H-1B ext. petition is filed before Oct. 31, 2004.

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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