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H1B Seventh-year extension

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  • H1B Seventh-year extension

    Hi,
    my H1B will be expired on Dec 1st 2008.
    My Labor has been filed on Jan 14th 2008.

    My friends are saying that if I do not get my I-140 approved by that time, I will not get my 7th year extenstion as I do not have 365 days from the date of Labor filing to H1B expiry date. I am missing kind of 6 weeks to cover up 365 days.

    Any idea if 365 days rule is still valid? If it is, is there any way I can get my 7th year extension?

    Please help.

    regards,
    Manoj

  • #2
    two things first, you get 1 yr extension only if the labor is pending for a year. with PERM filings that is no longer the case.
    with I140 approved you get 3 yrs ext. the premium processing of I-140 is expected to come back in the newxt few months, certailnly nefore Dec 1st, you can get approval in 15 days then.

    another fact just in case nothing else seems to go your way, you can extend the current H1 by reclaiming any time spent abroad in the last 6 years, for vacations etc.

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