drreams19
06-10-2009, 03:17 PM
Hi all,
This is my current situation..
Labor applied Thru Employer 1 : Oct -2007
Position was : Programmer Analyst
In EB2 Category
Got Audit and replied on Jan-2008
Left Employer1 and Joined Employer 2 : Aug 2008
Labor through Employer 1 got approved : Jun 2009.
I am going to file a Labor through Employer 2 in July 2009
Position is :Software Engineer
In EB2 category.
My 6 year h1 expires on dec 2010.
I found the following in uscis website pdf file
http://www.uscis.gov/files/pressrelease/
AC21intrm051205.pdf
Question 1. When an alien would otherwise be eligible for an H-1B extension, is it necessary to first file a Form I-129 requesting an extension of time to allow the beneficiary to complete or nearly complete the initial 6 years, and then file an additional Form I-129 requesting an extension of time beyond the 6 years?
Answer. 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant.
Question 7. Should service centers or district offices deny a request for an H-1B extension beyond the 6-year limit where the labor certification or immigrant petition from an employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be from the same employer requesting the H-1B extension.
Now my questions are
1. In general,for 7th year extension, if PERM labor is approved 365 days before, is it sufficient?.Some websites say i-140 also has to be filed before doing extension. Which one is correct?
2. Does PERM labor has expiration date? Does it expire if i-140 is not filed within 180 days? Some websites say that.
3. Can the approved PERM from company 1(and i-140 not applied) be used by company 2 when filing for extension?
4. Can the approved PERM from company 1(and i-140 not applied) used by company 1 when filing for extension? (provided i go back to work for company1)
This is my current situation..
Labor applied Thru Employer 1 : Oct -2007
Position was : Programmer Analyst
In EB2 Category
Got Audit and replied on Jan-2008
Left Employer1 and Joined Employer 2 : Aug 2008
Labor through Employer 1 got approved : Jun 2009.
I am going to file a Labor through Employer 2 in July 2009
Position is :Software Engineer
In EB2 category.
My 6 year h1 expires on dec 2010.
I found the following in uscis website pdf file
http://www.uscis.gov/files/pressrelease/
AC21intrm051205.pdf
Question 1. When an alien would otherwise be eligible for an H-1B extension, is it necessary to first file a Form I-129 requesting an extension of time to allow the beneficiary to complete or nearly complete the initial 6 years, and then file an additional Form I-129 requesting an extension of time beyond the 6 years?
Answer. 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant.
Question 7. Should service centers or district offices deny a request for an H-1B extension beyond the 6-year limit where the labor certification or immigrant petition from an employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be from the same employer requesting the H-1B extension.
Now my questions are
1. In general,for 7th year extension, if PERM labor is approved 365 days before, is it sufficient?.Some websites say i-140 also has to be filed before doing extension. Which one is correct?
2. Does PERM labor has expiration date? Does it expire if i-140 is not filed within 180 days? Some websites say that.
3. Can the approved PERM from company 1(and i-140 not applied) be used by company 2 when filing for extension?
4. Can the approved PERM from company 1(and i-140 not applied) used by company 1 when filing for extension? (provided i go back to work for company1)