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h1 extension beyond 6 years

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  • h1 extension beyond 6 years

    Facts of the case

    1. filed labor cert with previous employer june 2001
    2. Joined new employer - waiting for an orphaned labor certification file June 2001 to be completed, my name will be substituted on the I-140 application
    3. 6 years expire June 2003..

    Question - with the backlog of 245(i) cases looks like my I-140 will be file sometime next year. If it gets filed before june can I file for an extension of H1b beyond 6 years inspite of the fact that the labor cert which preceded this I-140 application was and was for more than 365 days was not in my name.

    If not can I use the 365 days on the previous labor cert and this I-140?

    any help greatly appreciated

    thanks

    viper

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