6th Year H1 - Help with suggestion

[mudigondag]

Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November- 2011, would he be eligible for 7th year H1 extension?
Thanks
Venu

[HRPRO]

As far as I know, he/she will be eligible only if Labor and 140 are approved or labor is pending for 365 days.

[08OCT2008]

IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.

Originally Posted by mudigondag

Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November- 2011, would he be eligible for 7th year H1 extension?
Thanks
Venu

[mudigondag]

Thanks. I see the same from murthy.com
The requirements are that (a) the foreign national must be the beneficiary of a labor certification filing made 365 days prior (or I-140 for those cases that do not need the labor filing); or (b) the labor and I-140 must be approved, with no visa number (based upon the priority date) available.
MurthyDotCom : Filing LC during 6th Year of H1B

[kumar1305]

Originally Posted by 08OCT2008

IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.

You can also get 7th yr extension with approved labor. With approved I-140 you get 3 yrs of extension.