H1 6 YRs Extension with GC Process

[evishy]

My H1 will Expire in 15 Months...If I apply Labour in Perm and clears in 3-5 months, I will have 10 Months (atmost) remaining if we file 140/485 Jointly can I extend H1 (Yearly) ? Are there any catches here..I can stay in this country only if labour is hanging for more than 365 Days or something please advice

[mgkrau]

Hi,

You can apply for H-1B yearly extension after 6 Years only if its been atleast an year after you applied for labor (i.e. if your H-1B expires in Jan 2009, then you should apply for GC before Jan 2008). Its not compulsory that your labor must be approved.


Thanks

[evishy]

Thnx, Should I let my current lawyer reapply the GC or NOT? He is saying let us reapply as PERM LABOUR has been 2 long waiting and it might get reject LABOUR..