7th year extention and pending I-140

[April4]

Hi,

I recently got my labor certification approved that I've been waiting for over 3 years.

We are about to file I-140, but my H1-B is about to expire.

Can we file for the 7th year extention based on the pending I-140 or does it have to be approved? My lawyer told me that I-140 has to be approved, but I read that the pending I-140 (if the labor was with the same employer) should be fine.

Please help.

Thank you,

 

[gp111]

Hi,

I recently got my labor certification approved that I've been waiting for over 3 years.

We are about to file I-140, but my H1-B is about to expire.

Can we file for the 7th year extention based on the pending I-140 or does it have to be approved? My lawyer told me that I-140 has to be approved, but I read that the pending I-140 (if the labor was with the same employer) should be fine.

Please help.

Thank you,

You can apply for extension on based on pending I-140 OR Approved LC as long as LC was applied 365 days before H1 expiry date (before the end of 5th year !).

 

[jnpr]

Hi,

I recently got my labor certification approved that I've been waiting for over 3 years.

We are about to file I-140, but my H1-B is about to expire.

Can we file for the 7th year extention based on the pending I-140 or does it have to be approved? My lawyer told me that I-140 has to be approved, but I read that the pending I-140 (if the labor was with the same employer) should be fine.

Please help.

Thank you,

you can definitely apply for 7th year H1B.
I think your lawyer meant you can apply for 3 year extension if your 140 is approved and visa number is not available now.

 

[rgore]

I have recently got my H1/H4 renewed for the 7th year while my I140 is still pending. So Yes you can apply for the 7th year H1/H4 extention and it does come. But remember it needs to be filed around 6months prior to your prior H1/H4 expiration date. This is based on information given to me at the time. Better to confirm with your company and attorneys.

 

[bjorn]

As long as you have filed the H-1B extension, you can work. In the past, you had to get the approval in order to work, but now you noly have to have filed the application, and you can continue to work while waiting for the approval. As long as you get the application in the mail (preferably receive the receipt number to) you can keep working, even though your current H-1B has expired.