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Old 10-06-2007, 04:06 PM
enggr enggr is offline
Priority Date
I140 Mailed Date
Processing Stage
Labor Certification
I485 Mailed Date
Join Date: Sep 2007
Posts: 38
enggr is infamous around these parts enggr is infamous around these parts enggr is infamous around these parts
Default I-797 extension before 6 year H1B completion with pending Labor/I-140


My I-797 expires on Dec 20th 2008
My 6 year term of H1b is between 2004 Oct till 2010 Sep
My previously filed PERM & I-140 are under the verge of rejection due to a pending RFE.

I am planning to file another PERM. Even though I'm trying to do it ASAP, I'm wondering whether I have an advantage on filing new PERM before Dec 20th 2007.

While applying for H1B extension in Dec 2008, If I have an approved labor/pending I-140 I thought I could request for 3 year extension. If I don't have labor/I-140 pending I can only request for 20 months extension (as my 6 year H1B term ends on Sep 2010)

I read from a site that...

"One in H1B/H-4 status can extend to the end of the 6-year limit, and then take advantage of the provisions allowing extensions beyond the 6-year limitation, if the labor certification or I-140 was filed at least a year earlier."

When I asked this question to my attorney he said

You can file for an H-l B visa extension up to 6 years. You can only file for an extension past the 6th year if your labor certification and/or I-l40 was pending for more the 365 days prior to the 6th year on your H-lB Visa status. If not and your labor certification is approved and the I-l40 is pending then you can only request an extension in one (l) year increments only until a final decision is made.

So does this mean I can only request for a 12 month extension if labor/I-140 is pending on Nov 2008?

Readers, Please provide me your guidance....
Thanks in advance
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