JT1

Am I correct in saying that you can apply for a 7th year H1B extension IF you have started your green card application? If so, what constitutes starting the application - ours is still stuck with the DOL and has been for what is coming up to it's 5th year! I'm pretty sure I know what the answer is and that it won't be good, but have to ask anyway.

I have a huge story to tell but am very reluctant to recount over an open-forum, so apologies if I sound a bit vague

Thanks,

Socal Local

I believe it is possible to do the 7th year extension if you have a labor certification or I-140 that has been pending for 365 days or more, but I am not 100% sure on this, so hopefully someone else will be able to confirm this.

sh-swfl

you are correct. the labor cert has to be in process (i.e. you have applied for it and not yet approved) for at least 365 days before your 6th year H1 expires then you can continue to renew on a yearly basis. I assume same is true if labor cert is approved and I140 application is in process as well. Usually when people file the I140 they file the I485 as well and also the EAD / Advance Parole - when you have the EAD then really there is no need to continue to renew the H1 (but you may want to if your company is paying, as i hear travelling on an EAD with Advance Parole always gets you a secondary intervew at the border.

If you are applying for Labor Cert under the PERM process, they should process it in 45-60 days...but if you get a "question" or are selected for audit, it can take a lot longer (as they are no longer tied to any timeline it can take months or years!)..but during the process you can continually renew you H1B. Just take a letter from the lawyer (along with all the stuff they file) with you to you H1 renewal intervew.
...and of course, you H1B renewal application can be filed 6 months prior to the expiration.

JT1

Guys - thank you very much for your replies, my mind is now at peace again, major problem solved