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H1-B 7h year extension with LC filedwith prior employer

H1-B 7h year extension with LC filedwith prior employer

Old Oct 13th 2002, 6:05 am
  #1  
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Question 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?
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Old Oct 14th 2002, 10:57 am
  #2  
Ingo Pakleppa
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Default 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
 
Old Oct 15th 2002, 1:10 am
  #3  
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Default 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
Actually, the first part has just been passed by Senate 2 weeks ago. It's law now.

Now, how much time in advance can you apply to extend your H1-B by one year? 3 months? 6 months?
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Old Oct 16th 2002, 12:30 pm
  #4  
Ingo Pakleppa
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Default 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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