i've extended my h1b before its expiration and it has been 3 months already...can i file for a labor certification while waiting for the h1b decision to arrive? one more thing,will the extension take 6 months or so to be approved, too? i heard it's faster than the change of status to h1b, hope you can confirm this...

also, i have a son who will be overaged by the time my h1b results arrive (he's here as my dependent), if i file for the LC before he overages (while waiting for the h1b), will he have a problem regarding his status?

I file in Texas and ther is no difference between an extension and a brand new H1b visa regarding processing time... Last renewal took them 7 months. The only difference is that there is no caps for an extension that s all...

You can file the labor certification while the H-1B extension is pending. The concern with your son should be with obtaining the permanent residence before he is 21. The labor certification only affects your employer by giving him or her obligations. The labor certification does not afford you any benefit other than being able to apply for permanent residence.

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