7th year extension using old LC and I-140 application?????

[saa]

My H-1B status is going to expire (6 years limit) in July 2002. My current employer has not filed GC yet, may do that soon. Obviously the GC filling will be too late to extend my H-1.
I do have an approved LC and I-140 from previous employer (which has not been withdrawn)and the PD is more than 1 year old. I had to quit the previous employer hense could not file for I-485.

Can I get a H-1B 7th year extension on the basis of old LC and I-140 approval??????
Thank you.

 

[ianand]

I have the same scenario

Hi, I have the same scenario, except that my labour was filed with for the current employer as well. It wouldnt make sense otherwise. The AC-21 law is to help you with your status, while your GC process goes no. Without a current LC your GC process hasnt started yet. You might want to request your company to file an LC atleast.

Immanuel

 

[Jim Mills]

You get to keep the old priority date

You need to start over with a new LC for the new employer. You will need a pending I-140 AND a priority date more than 365 days old to extend your H-1.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702