7th year extension questions

[avi_gc]

Hi All,
I have following questions.
1. Can we get 7th year extension based upon a substitute labor. The employer has no idea if the original candidate used it to get 7th year extension (through a different employer). All he can guarantee is that he didnt apply for I-140 and 7th year extension for the original candidate through his company.
If the original employee did use to get a 7th year extension though a different employer, can the current employer still use it to get 7th year extension for the substitute employee.

2. Can we get three year extension on a pending I-140. If yes what will happen if the I-140 gets rejected. If the 3 year extension also invalidated?

3. What will happen if the underlying Labor is revoked after getting the 7th year extension? Is the H1 also invalidated.

4. Can we use pending/approved I-140 from an older employer to get 3 years extension with the new employer?

Everyones input will be highly appreciated.

thanks
avi_gc

 

[gctarget06]

I have following questions.
1. Can we get 7th year extension based upon a substitute labor. The employer has no idea if the original candidate used it to get 7th year extension (through a different employer). All he can guarantee is that he didnt apply for I-140 and 7th year extension for the original candidate through his company.
If the original employee did use to get a 7th year extension though a different employer, can the current employer still use it to get 7th year extension for the substitute employee.
-----Yes. your company can still request a 7th year extension as long as you are the only one requesting the extension from this company.
2. Can we get three year extension on a pending I-140. If yes what will happen if the I-140 gets rejected. If the 3 year extension also invalidated?
-----No. 3 year extension is given only when the I-140 is approved. also It is invalid once the I-140 is rejected.3. What will happen if the underlying Labor is revoked after getting the 7th year extension? Is the H1 also invalidated.
-----Yes.4. Can we use pending/approved I-140 from an older employer to get 3 years extension with the new employer?
-----Yes. 1 year extension can be obtained as long as the Labor/I140 petition is 365 days old OR a 3 year extension if I140 petition is already approved.

 

[avi_gc]

thank you