Do we need to wait for the Labor Certification pending for 365 days before we can file the seventh year H-1B extension petition?
No, you need not wait to file. But on the expiry of the sixth year, the Labor Certification should be pending for at least 365 days. That is, you can file any time within six months before the expiry of the current H1B. I am in my 6th year on H1-B visa, working for Company A. Company A has filed a Labor Certification for me and it has been pending for over a year. Now I want to join Company B. Can Company B get the 7th year extension for me based on my pending Labor Certification application filed by Company A? Can I start working for Company B immediately after the H1-B Petition is filed? Does Company B need to file my Labor Certification later? Yes, to the first two questions. As regards the last part of your questions, for your next H1B extension(s), i.e., 8th year and beyond, if there is a likelihood of Company A withdrawing your Labor Certification, then Company B needs to file a Labor Certification before your 6th year runs out so that it would be pending for one year at the end
Related Questions
- Do we need to wait for the Labor Certification pending for 365 days before we can file the seventh year H-1B extension petition?
- With one certified EB-2 Labor Certification application, can I file both EB-3 and EB-2 base I-140 petitions at the same time?
- Why an employer can file both EB-3 and EB-2 base I-140 petitions, with one certified EB-2 Labor Certification application?
