My company is currently filing a green card through employment for me because my H1B 6 year limit expires on November 24 2018. The goal is for them to hopefully have the labor certification filed at least 365 days before that so that they can extend my H1B next year through the AC21 rule . If my H1B 1-year extension is submitted but for some reason the labor certification expires prior to me filing the I-140 (step 2 of the green card process), is the previously filed extension jeopardized or canceled? In other words, if the 6 month validity period of the approved labor certification expires, and I have an AC21 H1B 1-year extension petition pending, what happens? Also, I will clarify to say if it expires AFTER the H1B extension is filed.
What do you mean by 'expires'?
A Labor certification is valid for 6 months .. to allow time to file the I-140. (Do you have a reason to think the the company's attorney won't file in that time period?)
Once the I-140 is approved, it never expires, as long as the job offer is still valid.
I think you're 'over thinking' things and need to talk to the company attorney.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Certified Labor Certifications do have an expiration date. The Petitioner must adhere to the guidelines and file the I-140 petition prior to the expiration date, if not done the labor certification is considered null and void. There may be other factors that would possibly play a role in extended the H1B beyond the 6th year allowing for additional time if needed to receive an I-140 Approval, such as recapturing time during the H-1B period. Consult with an experienced immigration lawyer to evaluate your case.
The information provided in this post should be construed for informational purposes only and is not legal advise or intended to establish an attorney/client relationship.
Contact the company's US immigration attorney regarding timing, filing strategy, and issues if there is a denial.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements