Applying for Labour in sixth Year

[kumaran79]

Hi,
Can we apply for Labour Certification for first time in Sixth Year of H1B
Thanks in advance for the reply.
-Kumar

[txh1b]

There is nothing that stops labor from being applied whenever. It is just that the H1b extensions based on pending labor would not be possible.

[DMX17]

Yes you can. If the labor is applied at least 365 days before H1 6 yr ends, you can get 1-yr H1 extensions. If you labor is not applied before 365 days, then you would need to have the I-140 approved before applying for extension beyond 6 yrs.

If chances of getting labor and I-140 approval in a timely manner are not favorable, you may want to depart the U.S. after applying for PERM and re-enter close to your H1 expiration date. Then, apply for an extension to get the time spent outside. Then apply for 1-yr extension based on filing a labor 365 days before your new extension expiration date. This may or may not work depending on how much time you have left. Experts please correct here.

[kumaran79]

Thanks

Thanks for the replies.
-Kumar

[ashus20005]

Labor passed in 6th year

Scenario: Labor applied one year before 6yr expiry. Assume Labor is cleared. As I'm in the 6th year, most lawyers say they won't file for I140. That's OK. But because of the fact that I applied for Labor 365 days ago (even though it's passed now), I will get one year extension..Right?

Also, what if Labor was rejected?

[txh1b]

Search for Neufield memo on the forum.

Labor rejected, H1b holder packs up after 6 years unless he has another Labor and I140 approved before completing the 6th year.

Approved labor expires in 6 months without a I140 filed, it becomes void. Who are these lawyers that you are talking to?