律师的答复在这里

I wish it could be that easy. Unfortunately, in order to qualify for the H-1B extensions after the 6th year, the labor certification (PERM) must’ve been filed 365 days before your 6th year on H-1B. Thus, it must’ve been filed back in 2006 (which it was). That is why you’ve been in the U.S. for 8 years, because the actual labor certification/I-140 was pending and you were allowed extensions. The I-140 petition was ultimately denied.



I have attached a handout provided by U.S. Citizenship and Immigration Services (USCIS) which will guide you. The cut off for granting extensions of H-1B under AC21 §106(a) ended when the I-140 Petition was denied. Please refer to 31.3(g)(8)(B)(iii) of the handout. Accordingly, you are no longer eligible for extensions after the 6th year.



Please let me know if you have any questions.



Sincerely,

所有跟帖： 

• I agree with you. -863211- ♂ (26 bytes) () 02/19/2010 postreply 18:16:21

• Thanks,8xiong. Leather man mentions this AC21 104 ( c ). -fixanycars- ♀ (0 bytes) () 02/19/2010 postreply 19:14:49