H1-B 7h year extension with LC filedwith prior employer
"A very important provision of the bill pertains to the extension of H1B status beyond the six-year limit. The new law would allow for extensions of H1B status in one-year increments, provided an individual is the beneficiary of a filed application for labor certification that has been pending at least 365 days."
"The question an attorney posed to Mr. Hernandez(INS Director), was whether the INS would approve the seventh-year extension of the H-1 for an employer other than the one that filed the labor certification and I-140. Mr. Hernandez advised that the seventh-year H1B extension is not employer specific. A person can obtain an extension of H1B status with Company B based upon a labor certification and I-140 filed by Company A." Does it mean that as long as I have my LC pending for 1 year, I can change my employment during the 6 th year and ask my new employer to petition for my 7th year extension based on the LC filed by my previous employer? |
Re: H1-B 7h year extension with LC filedwith prior employer
On Sat, 12 Oct 2002 23:05:53 -0700, zenzen wrote:
> "A very important provision of the bill pertains to the extension of H1B > status beyond the six-year limit. The new law would allow for extensions > of H1B status in one-year increments, provided an individual is the > beneficiary of a filed application for labor certification that has been > pending at least 365 days." > "The question an attorney posed to Mr. Hernandez(INS Director), was > whether the INS would approve the seventh-year extension of the H-1 for > an employer other than the one that filed the labor certification and > I-140. Mr. Hernandez advised that the seventh-year H1B extension is not > employer specific. A person can obtain an extension of H1B status with > Company B based upon a labor certification and I-140 filed by Company > A." > Does it mean that as long as I have my LC pending for 1 year, I can > change my employment during the 6 th year and ask my new employer to > petition for my 7th year extension based on the LC filed by my previous > employer? > -- > Posted via http://britishexpats.com IF this becomes law, yes, it sounds like it. Of course, if the first employer withdraws the LC or petition, then you would have a problem. Ingo |
Re: H1-B 7h year extension with LC filedwith prior employer
Originally posted by Ingo Pakleppa: On Sat, 12 Oct 2002 23:05:53 -0700, zenzen wrote: > "A very important provision of the bill pertains to the extension of H1B > status beyond the six-year limit. The new law would allow for extensions > of H1B status in one-year increments, provided an individual is the > beneficiary of a filed application for labor certification that has been > pending at least 365 days." > "The question an attorney posed to Mr. Hernandez(INS Director), was > whether the INS would approve the seventh-year extension of the H-1 for > an employer other than the one that filed the labor certification and > I-140. Mr. Hernandez advised that the seventh-year H1B extension is not > employer specific. A person can obtain an extension of H1B status with > Company B based upon a labor certification and I-140 filed by Company > A." > Does it mean that as long as I have my LC pending for 1 year, I can > change my employment during the 6 th year and ask my new employer to > petition for my 7th year extension based on the LC filed by my previous > employer? > -- > Posted via http://britishexpats.com IF this becomes law, yes, it sounds like it. Of course, if the first employer withdraws the LC or petition, then you would have a problem. Ingo Now, how much time in advance can you apply to extend your H1-B by one year? 3 months? 6 months? |
Re: H1-B 7h year extension with LC filedwith prior employer
On Mon, 14 Oct 2002 18:10:18 -0700, zenzen wrote:
> Originally posted by Ingo Pakleppa: >> On Sat, 12 Oct 2002 23:05:53 -0700, zenzen wrote: >> > "A very important provision of the bill pertains to the extension of >> > H1B >> > status beyond the six-year limit. The new law would allow for >> > extensions >> > of H1B status in one-year increments, provided an individual is the >> > beneficiary of a filed application for labor certification that has >> > been >> > pending at least 365 days." >> > "The question an attorney posed to Mr. Hernandez(INS Director), was >> > whether the INS would approve the seventh-year extension of the H-1 >> > for >> > an employer other than the one that filed the labor certification and >> > I-140. Mr. Hernandez advised that the seventh-year H1B extension is >> > not >> > employer specific. A person can obtain an extension of H1B status >> > with >> > Company B based upon a labor certification and I-140 filed by Company >> > A." >> > Does it mean that as long as I have my LC pending for 1 year, I can >> > change my employment during the 6 th year and ask my new employer >> > to >> > petition for my 7th year extension based on the LC filed by my >> > previous >> > employer? >> > -- >> > Posted via http://brit- >> > ishexpats.com/http://britishexpats.com >> IF this becomes law, yes, it sounds like it. Of course, if the first >> employer withdraws the LC or petition, then you would have a problem. >> Ingo > Actually, the first part has just been passed by Senate 2 weeks ago. > It's law now. A bill does not become law until the President signs it. The bill in question is S.3051, introduced by Orrin Hatch (there is a similar House Bill). As of 10/3/2002, the status of that bill was "read twice and referred to the committee on the judiciary". I think it's still a ways before it becomes a law. Given the bipartisan support (even from Lamar Smith), I do think it will eventually become law. My guess is that there will be higher priorities, though. > Now, how much time in advance can you apply to extend your H1-B by one > year? 3 months? 6 months? The same rule as for any other H-1B extension applies: you can apply no earlier than six months in advance, and the latest to apply is the day your old H-1B expires (remember to allow time for the LCA and for mailing delays!) |
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