Dr. William:

My I-140 is pending. I am going to completing the 6th year of H1B. I need to know how to qualify for 7th year extension of H1B. Also, does the 7th year extension has to be with the same employer? or it can be from different employer based on the pending I-140? Please help.

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Answer:

Since your I-140 is pending, you should not change job at this time. Therefore, your 7th year H1B extension should be with the same employer. To qualify for 7th year extension of H1B, your Labor Certification or I-140 petition must have been pending for at least 365 days, and you can file the H-1B extension petition in 6 months before its expiration date. 

The American Competitiveness in the 21st Century Act of 2000 (AC21) allows an H-1B employer to file incremental one-year H-1B extensions annually, after the completion of six years on H-1B status. USCIS modified its earlier position on this issue that the H1B petitions may now be filed in advance of the date a Labor Certification or the I-140 petition has been pending at least 365 days, as long as the start date of the H1B extension is beyond the one-year point.