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[Previous entry: "H-1B Filings Reach 40,000"] [Main Index] [Next entry: "USCIS To End Fingerprinting by Designated Law Enforcement Agencies"] 08/23/2004 Entry: "USCIS Reverses Response on Timing of Filing of 7th Year H-1B" Service Center Operations reverses its previous answer, and indicates that an H-1B extension beyond the 6th year will be subject to denial if is filed before the 365 days have run since filing of the labor certification application. USCIS now advises that a request for an H-1B extension beyond the sixth year, under the 2002 DOJ Authorization legislation that amended AC21, must be filed no less than 365 days after the date that the labor certification application was filed. If it is filed before the 365 days have run, it is subject to denial, even if the extension would not take effect until after the 365 days. Mr. Holliday cites as authority Part A of the April 24, 2003 Yates guidance memo, which states, "If an alien did not meet the [365-day requirement] … at the time of filing, and the alien is not otherwise eligible for an extension of H-1B status, then the BCIS will not approve a request for extension of H-1B status." Posted on AILA InfoNet at Doc. No. 04082068 (Aug. 20, 2004) .
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