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H1 Extension beyond 6 years

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  • H1 Extension beyond 6 years

    Hi,
    I had applied for H1 extension in July 2007 and although I had only 2 years left on my H1, I was issued H1 for a period of 3 years running upto July 2010. I have filed my labor petition in June 2008 and still awaiting a response. Now, since my 6-year term expires in July 2009, I requested to file an H1 extension with my employer. The company attorney tells me that I dont need to file an extension as my labor is pending for more than 365 days and I already have H1 period upto July 2010. Is this correct? Is the attorney wrong in saying this and should I force the employer to file for H1 extension. Please advise.

    Thanks,
    D

  • #2
    Yes, if your H1 petition is valid till 2010 you do not need an extension.
    Check your latest I-94 (from entry or one that came with petition approval notice)
    This is my opinion and not legal advice.

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    • #3
      Thanks a lot for the response. I infer that though my 6-year H1 period expires in July 09 as I had been issued H1 until 2010 I do not need to file for an extension. Once I get my labor certification, would I be able to do premium I140 as I am in my 6th year of H1 and beyond?

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