7th Year Extension Question

G

GCPains

New Member
My labor was filed with Boston SWA in Feb 2004. Based on current processing times, I expect the state to clear by Mar 2005 and Federal to clear by May/June 2005. After that, my company's lawyer expects to file my I-140/I-485 in July 2005. However, my six years run out in March 2006.

From what I have read so far, I will be ineligible for 7th year extension since my labor wouldn't be pending for over 365 days in March 2006 (already approved by June 2005) and my I-140/I-485 wouldn't be pending for over 365 days (filed in July 2005, 8 months before H1 expiration).

Is this correct? I tried to talk to my company's lawyer and he just wouldn't give straight answers. My company's goal is to keep me stuck with them for as long as possible so its understandable.

Any explanation/help will be greatly appreciated!
 
Eligibility to extend H1 beyond 6 years is dependant on completing 365 days from the 1st stage of your GC, and still having a pending petition(LC, I140 or I485). Only for categories that dont need LC, 365 days is counted from I140 application date. You qualify for extension without any problem. However, you wont need it, because you would have got your EAD by then.
 
GCPains said:
My labor was filed with Boston SWA in Feb 2004. Based on current processing times, I expect the state to clear by Mar 2005 and Federal to clear by May/June 2005. After that, my company's lawyer expects to file my I-140/I-485 in July 2005. However, my six years run out in March 2006.

From what I have read so far, I will be ineligible for 7th year extension since my labor wouldn't be pending for over 365 days in March 2006 (already approved by June 2005) and my I-140/I-485 wouldn't be pending for over 365 days (filed in July 2005, 8 months before H1 expiration).
-------- but your I-140 will be filed and I-485 will be pending at that time, you can get 7th year H1 based on pending I-140 or pending I-485
Is this correct? I tried to talk to my company's lawyer and he just wouldn't give straight answers. My company's goal is to keep me stuck with them for as long as possible so its understandable.
--- once LC gets approved file I-140 I-485, EAD AP
Any explanation/help will be greatly appreciated!
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