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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)

longwait4gc
06-10-2009, 03:56 PM
I am not a lawyer but I did some research in this area. So the following is my understanding of the law.
Hi all,
This is my current situation..

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?
Perm should filed before 365 days. It doesn't have to be approved so you are good. But you will get only 1 year extensions instead of 3 years.
2. Does PERM labor has expiration date? Does it expire if i-140 is not filed within 180 days? Some websites say that.
Yes.
3. Can the approved PERM from company 1(and i-140 not applied) be used by company 2 when filing for extension?
Yes as long as the perm application date is 1 year old from company 1.
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)
Yes. But why do you want that :)

drreams19
06-10-2009, 06:54 PM
@Longwait4gc..... thnx for the quick response.. can u please elaborate me on this?
My perm labor with company A was applied on oct 2007 and got approved in jun 2009. So the 6 month before i-140 deadline is dec 2009.Let us say i dont apply for i-140.
Can i apply for h1 extension in sep 2010 thru company B by using this PERM approval?

TIA

morchu
06-10-2009, 07:21 PM
The answer is NO. An expired perm approval cannot be used as basis for extension of H1 beyond 6 years.

@Longwait4gc..... thnx for the quick response.. can u please elaborate me on this?
My perm labor with company A was applied on oct 2007 and got approved in jun 2009. So the 6 month before i-140 deadline is dec 2009.Let us say i dont apply for i-140.
Can i apply for h1 extension in sep 2010 thru company B by using this PERM approval?

TIA