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I am in my 6th year (almost at the end) of my H1B. If I apply

 
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I am in my 6th year (almost at the end) of my H1B. If I apply for a new job, will the new employer be able to extend my H1B by an year before they can file my Labor and get an I-140 approval

 

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State/Country relating to question: Washington

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I have tried reading up the internet and it is not clear whether the 7th year extension is applicable for a new employer as well. Also my new employer if employs me will do so due to skills that I picked up during weekend college apart from my work experience. So the job responsibilities may be a little different but broadly the same

Submitted: 372 days and 12 hours ago.
Category: Immigration Law
Value: $30
Status: CLOSED
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Expert:  Longhorn Lawyer replied 372 days and 11 hours ago.

Hello! Thank you for using Just Answer. I'm happy to answer your immigration questions, and will do my best to do so based on my expertise. Please note that while you are working with me, I also may be working with other customers, so you may experience delays. Please be patient, as your questions WILL be answered in the order they are received.

Unfortunately, there are only two bases for extending the H1B past a 6th year:

- if the labor certification/PERM has been pending for 1 year or more, or

- if the I-140 has been approved, and you are only awaiting for your priority date to come current.

Therefore, a 7th year extension of H1B cannot be granted before a labor certification/PERM or I-140 is filed even with a new employer.

I hope I have answered your questions. Please click one of five faces to let me know how I've helped. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

Customer replied 372 days and 11 hours ago.

Can't I apply for a new H1B under a new H1B quota year due to my new masters degree that I would get from a US university and therefore be eligible for the 20000 visas for foreign nationals with US master degree?

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Expert:  Longhorn Lawyer replied 372 days and 11 hours ago.

A person who has been in the US for 6 years on H1B must either be eligible for an extension, as explained previously, or they must return to their last place of residence abroad for at least 1 year, before becoming eligible again for a new H1B visa/status.

I hope I have answered your questions. Please click one of five faces to let me know how I've helped. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

Expert TypeImmigration Attorney
Category: Immigration Law
Pos. Feedback: 97.3 %
Accepts: 5415
Answered: 5/6/2012

Experience: Experienced in all aspects of immigration and nationality law.

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Expert:  Longhorn Lawyer replied 372 days and 9 hours ago.

Do you have any further questions or require any further clarification?

Please remember to click one of five faces in my previous answer, to let me know how I've done. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Also keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

 
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