Question about 7th year H1 visa extension
May 18th 2003, 2:24 pm
#1
Guest
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Question about 7th year H1 visa extension
I am in company A and my My 6 year period on H1 is expiring on 11/24/03. My
priority date for green card labor filing with this company is 10/12/02 & my
contract is going to expire on 9/30/03. If I dont want to renew the contract
with company A & want to join company B from 1st of Oct, could I still be
able to extend my H1 visa to 7th year because labor application will be
pending for one year on 12th of Oct.
Do I need to complete 1 year with labor pending in one company only before I
can apply for 7th year H1 visa extension?
Any response will be appreciated.
priority date for green card labor filing with this company is 10/12/02 & my
contract is going to expire on 9/30/03. If I dont want to renew the contract
with company A & want to join company B from 1st of Oct, could I still be
able to extend my H1 visa to 7th year because labor application will be
pending for one year on 12th of Oct.
Do I need to complete 1 year with labor pending in one company only before I
can apply for 7th year H1 visa extension?
Any response will be appreciated.
May 18th 2003, 11:32 pm
#2
Guest
Posts: n/a
Re: Question about 7th year H1 visa extension
On Mon, 19 May 2003 02:24:09 +0000, SG wrote:
> I am in company A and my My 6 year period on H1 is expiring on 11/24/03. My
> priority date for green card labor filing with this company is 10/12/02 & my
> contract is going to expire on 9/30/03. If I dont want to renew the contract
> with company A & want to join company B from 1st of Oct, could I still be
> able to extend my H1 visa to 7th year because labor application will be
> pending for one year on 12th of Oct.
It depends. I would ask a competent attorney, since the law is not
completely clear about this. But I believe it would have to be the LC that
you actually plan on using. That said, as long as you can make a case that
you think it is likely you will eventually return to the original
employer, that may not be a big problem.
> Do I need to complete 1 year with labor pending in one company only before I
> can apply for 7th year H1 visa extension?
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.
My email address in usenet posts is now invalid for spam protection.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
> I am in company A and my My 6 year period on H1 is expiring on 11/24/03. My
> priority date for green card labor filing with this company is 10/12/02 & my
> contract is going to expire on 9/30/03. If I dont want to renew the contract
> with company A & want to join company B from 1st of Oct, could I still be
> able to extend my H1 visa to 7th year because labor application will be
> pending for one year on 12th of Oct.
It depends. I would ask a competent attorney, since the law is not
completely clear about this. But I believe it would have to be the LC that
you actually plan on using. That said, as long as you can make a case that
you think it is likely you will eventually return to the original
employer, that may not be a big problem.
> Do I need to complete 1 year with labor pending in one company only before I
> can apply for 7th year H1 visa extension?
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please visit my new FAQ at http://www.kkeane.com with a list of interesting
immigration links.
My email address in usenet posts is now invalid for spam protection.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
