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Immigration Issues/H1B 7th year Extension with former employer filed LC

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Question
Dear Ms Arora,

Thank you very much for your response. A few follow up questions:
1- Does the application for the 7th year extension need to be submitted after 365 days have passed since the LC was filed or it can be submitted as long as the starting date of the extension starts 365 days after the LC filing date?

2- If during the sixth year LC is approved, but I-140 is still pending, can I still extend my H1B for a 7th year?

Thanks,

Gaston
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Followup To

Question -
Dear Ms Arora,

I have been in the US first on J1 vis -physician- (7/1/99-6/30/03) and then on H1B with my waiver job (7/1/03-6/30/06). I am now switching jobs starting on 7/1/06 (H1B approved). With my waiver job employer, I filed LC in 6/04, it was sent to BEC and when we got the 45-day letter (in March 2006) we had to abort it because I was switching jobs anyway.

My new employer is a university and they are changing rules for LC applications; they might want to wait for one year of employment until they can consider LC applications. My questions are the following:

1- If the one-year waiting rule is the case for my new employer, I would not be able to start LC processing until 7/1/07, which would only give me 1 year (with university burocracy you can do in one year what in the real world you do in 6 months)to file for LC and extend beyond the 7th year. This might make me fall short for the 7th year extension. Can I use the LC applied for in 6/04 by my former employer for the eventual 7th year extension, even though the LC application was later withdrawn?

2- For 7th year extensions on H1B, is it possible to start working just with the filing of the H1B petition, or it needs to be approved beforehand?

Thanks. I know this is planning too much ahead, but in case I need to rethink my new job, I want to know it ASAP.

Gaston

Answer -
Dear Dr. Baslet,

You would not be able to extend H-1B beyond six years through the new employer based on the LC filed in 06/04 since you no longer have the intention to work in the future on a "permanent", full-time basis for the former employer.

You can extend H-1B beyond six years through the new employer only if the new employer's LC is pending for at least one year before you complete an aggregate of six years in H-1B status. (Actually, if you somehow obtain I-140 approval before completing six years in H-1B status, you can also extend H-1B status beyond six years on this basis as well).

For 7th year ext. on H-1B, you can continue working for the new employer as soon as the H-1B petition has been filed before you complete six years; you do not have to wait for approval.

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

Answer
Dear Gaston,

The application for the 7th year extension can be submitted as long as the starting date of the extension starts 365 days after the LC filing date.

If LC is approved but I-140 is pending (and not yet approved) by the time you complete six years in H-1B status, then you cannot obtain further extensions (unless, of course, the LC was filed at least one year before you completed six years).

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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