7th year extension question

[cleanbold058]

From my understanding one of the following conditions must be fulfilled for 7th year H1 extension:

1. Labor pending for 365 or more prior to H1 expiration
2. I-140 pending for 365 or more prior to H1 expiration
3. I-140 approved but I485 date retrogressed (3 years extension in that case)

However my lawyer says that the 7th year extension is possible as long as the LC was filed (regardless of pending or approved) 365 days prior to H1B expiration. Is this true?

Also do you have to wait till the 365 day period has passed prior to filing or can yo do that in advance?

 

[GotPR?]

Your lawyer is right.

you dont' have to wait 365 days passing.

 

[qaz12]

If your labor is approved and the labor filing date is not more than 365 days old- you still qualify for extension. The bottomline is- LABOR HAS TO BE APPROVED TO GET THIS KIND IF BENEFIT. If it is not approved- it should be 365 days old.

 

[GotPR?]

If your labor is approved and the labor filing date is not more than 365 days old- you still qualify for extension. The bottomline is- LABOR HAS TO BE APPROVED TO GET THIS KIND IF BENEFIT. If it is not approved- it should be 365 days old.

That's incorrect.
you must be confused with labor and I-140.