本來再有幾個月就拿到聯邦勞工部的勞工卡了。但丟了工作。現在又找到了工作，並續簽了一年的H1簽證。但已是H1簽證的第六年的第二個月。
一個律師說已經不可能通過勞工卡辦綠卡了。現在的簽證到期後，也不可能再續簽H1簽證了。這是該律師的答複。
Alien beneficiaries (who are otherwise eligible for H-1B visa) qualify for H-1B visa status extensions in one year increments when 365 days or more have passed from the filing of any application for labor certification or an EB immigrant petition.
Most recently, the USCIS issued another memo. The memo notes that alien beneficiaries who have a "pending or approved" labor certification application with the Department of Labor or a "pending or approved" I-140 petition with USCIS for more than 365 days are eligible for a seventh-year extension of their H-1B status. In other words, the alien beneficiary must have filed either the labor certification application or the I-140 at least 365 days before the proposed start date of the H-1B renewal in order to be eligible for the seventh year extension. Moreover, the alien must still be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, or else the extension of stay request will be denied.
Theerefore, you are eligible for H-1B extension beyond the six-year limit.
But please remember, extensions are available in one-year increments only until such time as either the labor certification application or immigrant petition is denied (and timely appeals have been exhausted) or an application for adjustment of status is granted or denied.)
So, if you rely on your lable certification application by your old employer, you will be in trouble when that labor certification application is finally denied. Because your old employer is not willing to continue to sponsor you, I am sure your labor certification application will be denied.
但當我問起另一個律師時，她卻說我完全可以續簽。以為我以前申請過勞工卡，別管批沒批，都可以續簽。
我實在很迷惑。請高手指點。真心感謝。
一個律師說已經不可能通過勞工卡辦綠卡了。現在的簽證到期後，也不可能再續簽H1簽證了。這是該律師的答複。
Alien beneficiaries (who are otherwise eligible for H-1B visa) qualify for H-1B visa status extensions in one year increments when 365 days or more have passed from the filing of any application for labor certification or an EB immigrant petition.
Most recently, the USCIS issued another memo. The memo notes that alien beneficiaries who have a "pending or approved" labor certification application with the Department of Labor or a "pending or approved" I-140 petition with USCIS for more than 365 days are eligible for a seventh-year extension of their H-1B status. In other words, the alien beneficiary must have filed either the labor certification application or the I-140 at least 365 days before the proposed start date of the H-1B renewal in order to be eligible for the seventh year extension. Moreover, the alien must still be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, or else the extension of stay request will be denied.
Theerefore, you are eligible for H-1B extension beyond the six-year limit.
But please remember, extensions are available in one-year increments only until such time as either the labor certification application or immigrant petition is denied (and timely appeals have been exhausted) or an application for adjustment of status is granted or denied.)
So, if you rely on your lable certification application by your old employer, you will be in trouble when that labor certification application is finally denied. Because your old employer is not willing to continue to sponsor you, I am sure your labor certification application will be denied.
但當我問起另一個律師時，她卻說我完全可以續簽。以為我以前申請過勞工卡，別管批沒批，都可以續簽。
我實在很迷惑。請高手指點。真心感謝。
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