Comments on: 7th Year H-1B Extensions Under AC21 104(c) and 106(a) – Statutes and USCIS Guidance

By: Avi

Avi — Thu, 26 Apr 2012 21:41:44 +0000

My Current Situation – Currently on H1B (8th year) Working for Company A for the past 6 years, they have filed my GC under EB3, priority date is Dec 2008. The same company A is filing another labor application under EB2, its currently under wage determination and will soon be filed. My 6 years on H1B got done in 2010, so filed an 3 year extension since my I-140 was approved. Now, my approved H1B ext will get expired on March 7th 2013….. and i recently received an excellent offer from Company B which is a high profile managerial position with huge salary hike. So the question is CAN I MOVE , should i make the H1B transfer? will there be any immigration issues? Please guide me!

By: VSD

VSD — Sat, 04 Feb 2012 17:23:09 +0000

Hi,

My current employer filed my I765/I485 on Feb 2, 2012.

Date of first entry in us: May 10, 2006
I140 approved: April, 2011
H1B extn: May 9, 2013

Question: If I get layoff prior to EAD approval and I485 approval, can I extend my H1B beyond May 2013 with new employer using I140 with my priority date being current? I read on some forums that once I485 is filed you cannot use I140 for H1 extn with another employer.

By: Erick

Erick — Tue, 12 Apr 2011 23:50:56 +0000

Hi!
I have a question regarding my status now. Last Oct. 9 my six year H1B was expired but my wife has a pending Perm application since 2008 because her application was audit. We file my beyong six year of H1b using my wife pending perm application but the INS denied my H1B extension and I have 30 days to appeal. Do I qualify to H4 under my wife current H1B status since I have given to appeal.
Thank.

By: KVR

KVR — Fri, 12 Nov 2010 03:14:08 +0000

@Kyle L
Hi @Kyle L,

I am on the same boat, my -140 was approved with Emp B and I working for Emp A since 5 years. Can I use that 140 copy to get my H1B extension from Emp A.

Please let me know your suggestions.

By: NSKV

NSKV — Tue, 09 Nov 2010 05:58:00 +0000

Hi,

I’m in the 6th year of H1B expiring on Nov 20,2010. My PERM was filed in October and approval received a couple of days ago. Meanwhile, I’ve applied for change of status to F1 from Nov 20 which has been approved. I’m still working on H1B and valid I-94 expiring on Nov 20. Now my employer is filing I-140 through premium processing. Will I have any problems with my I-140 as I had applied for change of status to F1 which got approved? If my I-140 is approved, am I eligible for 3 year extension on H1B?

By: Shiva

Shiva — Fri, 06 Aug 2010 17:57:20 +0000

Hi John,

My employer filed for my PERM on 9/2/2009 which was denied 3/30/2010 due to errors made by the employer in filing out the form and so we have appealed for a motion to reconsider. My H1 B visa expires on 9/9/2010. If i have to file for an extension based on the 365 day rule under the Yates Memo of 2005 (page I can file it before the 365 day mark has passed. However I wanted to know what documentary evidence do I provide for the 7th year extension. As in the May 2008 memo by D Neufeld, it only says documentation from DOL.
Thanks!

By: Kyle L

Kyle L — Tue, 30 Sep 2008 14:01:13 +0000

Dear John C. I have a question, I have one year left on my 6 year H1B and my current employer (B) went through a bankrupt and a new firm (C) is taking over my old firm and my H1B is being transferred.

I have a I-140 approved from my previous employer (A) and my new employer (C) will start EB2 on my behalf. I assume that my I-140 from employer (A) has been revoked and I wonder if I can use the I-140 approval notice to extend my H1B beyond 6th year with Employer (C).

Thanks!

By: Linda

Linda — Fri, 12 Sep 2008 21:44:27 +0000

I am disappointed at the rate the F1 category is moving, I was really hoping that they would at least work on PD June,02 before this year was finished but I guess only God has to make that possible. Keep your fingers crossed guys! all things work together for good to those that love him and those that are called according to his purpose.

By: subhash

subhash — Mon, 08 Sep 2008 20:31:33 +0000

my i 140 denied but my h1b visa exp 2008 oct
can i get more 3 years ext. this is my 1st ext. i use my h1b obnly 3 years.

dave

By: John C

John C — Sun, 16 Mar 2008 15:04:20 +0000

@KJ: No. Labor must have been pending 365 days and/or I-140 must be approved. @M Shin: No, it must be filed before the start of the sixth year. But if you have been outside the US at all while you were in H-1B status, you might be able to extend H-1B status by recapturing time spent outside the US. And if there is enough time to recapture, you might be able to push that labor certification filing date more than 365 days before the expiration of H-1B status, making you eligible for a new H-1B extension beyond the sixth year based on the labor certification filing. The I-140 processing times can be found here.