7th year H1-B and Labor substitution possibilities

Y

ydwivedi

Registered Users (C)
I'm running into issues with I-140 primarily because mine is EB3 case but filed LC and approved under EB2 , got RFE at I-140. My lawers have refiled my I-140 again, this time under EB-3 category using previouly approved LC (750AB showing as MS or EB2 category). I'm aware that there are chances that I may run into issues with I-140 refiling under EB-3....I'm now under 7th year of H1-B extention too (ending on 04/30/2004). This 2nd filing was done in July 2003, so results are still awaited, expected to be sometime in Dec/ Jan 2004, per current processing times.

Saying so, as an alternative my company has found one LC that remained unutilized from EB-3 category and possibly be used for me as labor substitution case. Can I use this labor substitution at the 7th year of my H1-B extention? If yes, then should we wait for the result of I-140 case (as said above) or do it ASAP?

How soon am I eligible for another year of extention on H1-B?
What are other issues I should know about if I get rejection with I-140 (H1-B validity, extentions, deportation, appeals etc.)

thanks
 
Sure you can, that's what I did and I am going to India for the stamping, You can start the 7 year as soon as you want.
 
Hi PinShi, thanks for your reply. Could you please elaborate little more about your case. My attorney seems not to be very much inclient to start asap, and rather waiting on the decision first.

thanks and good luck to your stamping process (I guess CP/ stamping).

Anyone else?.....may be its the rare combination :)
 
You must log in or register to reply here.
Top