QUESTION
Is it ok to proceed with H1B transfer and continuing staying in USA after 6th year?
Asked on May 31st, 2015 on Immigration - New Jersey
More details to this question:
Am currently in H1B on my 6th year which is completing on Nov 30, 2015. I had applied for PERM on Oct 22, 2014 and received the approval in May 2015. Even my I-140 has been approved now. I have received a new job offer now, and the new company is ready to do H1B transfer. Please advice whether it is ok to proceed with H1B transfer and continuing staying in USA after 6th year. The reason I ask this is because I have heard my new employer need to file for Labour Certification 365 days before the 6th year expiration date. Is there a link on USCIS website which provides this information?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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An H-1B holder can obtain an extension of time past the 6th year under one of 2 conditions – that it has been 365 days since a labor certification application was filed, or that an I-140 petition has been approved and the priority date is not yet current. With reference to the 365 day rule, you would only be able to invoke that if the starting date of your employment is 365 days from October 22, 2014.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 27th, 2015 at 6:30 AM