7th Year H1 Extension without applying for I-140?

R

Ramesh Sinha

New Member
I am reading messages here to the effect that people have gotten their 7th year extension without applying I-140. My lawyer says that they cannot apply for the 7th year extension without applying for I-140. My PD is 4/2000 and my LC went to DOL Dallas Division in 9/2000 under RIR. Although DOL Dallas is currently processing 1/2001 they have not processed any cases applied from my company for the last 10 months as my company has been doing a lot of layoffs since the end of 2000. My case was remanded in May 2001 the response to which was filed in July 2001. They have been sending back all the company cases as a matter of fact. They have not denied the cases yet. My 6 years expires in Feb 2002. I would like to hear from anyone who has gotten a 7th year extension without applying for I-140. I would also like to know based on a company layoff situation if the DOL ever approves or denies the case or do they simply hold onto it indefinitely. If anyone has been in a similar situation please respond with your experience.
 
extension on LC

I don\'t know why your lawyer insisit on filing 140 for extensio. The INS memo (Jun 19, \'01) clearly states (E. AC21 106) that "365 days or more have passes since the filing of a labor cerfication application Form ETA 750 ....

If your LC is filed for more than 365 days, and if it is still pending, you should get the extension. However, if the LC is approved, and you don\'t file 140, it is a doubtful case as the extesnion is a special provision in cases of lengthy adjudication.
 
7th year without I-140

Guidelines also include an "and" clause where in it says an immigration petition which to my understanding is I-140 or an adjustment of status application should be pending on behalf of the candidate to be eligible for the 7th year extension.
 
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