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  • H-1B Status Extension

    Does anybody know how long before the expiration date on my H-1B visa I have to apply for an extension?
    Do the INS regulations allow H-1B holders to stay more than 6 years in America if a sponsor is willing to hire longer?

    Thank you

  • #2
    Does anybody know how long before the expiration date on my H-1B visa I have to apply for an extension?
    Do the INS regulations allow H-1B holders to stay more than 6 years in America if a sponsor is willing to hire longer?

    Thank you

    Comment


    • #3
      INS advises to file at least 45 days before expiration.

      You cannot stay longer than 6 years on this visa.

      You may re-apply after you spent 1 year or more outside the US.



      I am not a lawyer and I may make mistakes, although not deliberately. Please double check any information given by me or anyone else for that matter with a certified lawyer before you take any further action.

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      • #4
        Even if my sponsor had applied for a Labor Certification on my behalf would I need to spend that one your outside of USA?

        Thanx

        Comment


        • #5
          If you spent any significant amount of time outside the UNited States while in H-1B status, you can always try and recapture that time and re-apply it to your 6 years. If your Labor Certification was filed more than 365 days ago and you have an I-140 pending, you can extend the H-1B for additional one year increments, as well.

          Gabriel Jack
          Attorney at Law
          gjack@gabejack-law.com

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          • #6
            Thank you Gabriel, by the way, is the I-140 the application for Green Card with the INS or is it any kind of paperwork with the Labor Department?

            My Labor Certification is in process now and still pending. Does it allow me to stay longer than the first six years anyway?

            Thanks again

            Ivan

            Comment


            • #7
              I-140 is an Immigrant Petition for Foreign Worker, is the next step after Labor Certification (and based on it),and is filed with INS. If your Labor Certification petition is pending for more than 365 days, you are eligible to apply for H-1 extension in 1-year increments beyond 6-year limit. According to recently (11/02/02) signed into law bill H.R.2215, you do not need to have I-140 pending for such an extension.

              Comment


              • #8
                Where can I read such law?

                Comment


                • #9
                  Posted a previous post, got the answer here. Looked more precisely on the law and i found the law in question.
                  Good job guys ! Thank you for your help !


                  H1B "Seventh-Year" Extensions

                  The bill would expand the provision allowing for the extension of the H1B status beyond the six-year limit by one-year increments so that a person can qualify, even if just the Application for Labor Certification that has been pending at least one year and the I-140 has not yet been filed. This would be a very favorable change to the current AC21 law, which allows for such extensions only if the Application for Labor Certification was filed at least one year prior to the request and an I-140 has also been filed. The I-140 cannot be filed until the Application for Labor Certification has been approved. So the lengthy adjudication times for labor certification cases are quite problematic.

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