Re: need to file h1b extension

Dear Inquirer:

Under AC-21, you may seek an extension of H-1B status beyond the 6th year if you have either (1) a labor certification application filed more than one year ago and still viable, or (2) an approved I-140. AC-21 does NOT limit avaialbility of these extenions to circumstancess in which the H-1B extension is filed by the same employer that filed the PERM case or I-140.

Please visit our website at www.hanlonlawgroup.com for more information or email visas@hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Re: need to file h1b extension

The important thing to remember is, even though you do not need to renew past the end of the sixth year for the H-1B with your new I-140 green card sponsor, that the application for extension must be filed prior to your assuming the position with your new I-140 employer, who cannot help you since he is not the H-1B holder (and cannot hire you temporarily without it). That is especially true if your future employer doesn't take you in without your I-140/I-485 AOS being granted (which they can't).

If you have any other questions, feel free to contact me at fj.fernandez@gmail.com.

Re: need to file h1b extension

Yes.

Re: need to file h1b extension

You really should consult an Immigration Attorney. Please send me an email if in Southern California with your contact information and we can discuss your particular facts. There is no fee for consultation.

Re: need to file h1b extension

There is a CIS memorandum on this issue and you should have the benefit of analysis of that memo to your facts so you can cite it as authority for what you are and are not permitted to do.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at alice@yardum-hunter.com.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: alice@yardum-hunter.com WEB: http://www.yardum-hunter.com

A “Super Lawyer” 2004 – 2009, Los Angeles Magazine