7th Year extn based on orig labour, while 140(sub. labour) is waiting to be approved

Chinta

Registered Users (C)
Friends,
My situation is like this

My 6th year H1 is going to expire in another 3 months.

I applied for 140 on a substitute labour in Oct'2003 and just 2 weeks back, I got a RFE(it is 2nd RFE) on 140. (I don't know what was that about). I am not 100% sure how it is going to go.


In Nov'2003 my employer also applied a labour(original) petion on my name. It is still pending.

My Qns are
1) Can I apply for 7th yr extension based on pending labour, while I am actually waiting for my 140 approval

The reason I am thinking of doing the above is, incase 140 gets rejected(as I see there are some chances) atleast I can continue to stay on H1 and apply for new 140 based on my original labour.

Appreciate your suggestions.

Thanks
 
Right!

Chinta,
You are right! You can get 7th yr ext either on labor pending for more than 365 days or based on pending 140..
Good Luck,
Sarwar
 
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