7th year H1B extension

M

madras90

Registered Users (C)
My 6th year of H1B is expiring on April 07, 2008. I filed for labor in April 2004 and it was approved in September 2007. I filed I-140 in November 2007. I have not got the receipt yet, but the check was cashed immediately after filing. Can I apply for 7th year H1B extension?
 
Sicy,

Does this mean we don't need to do the labor condition application process for filing H1 and instead just send a copy of the DOL approved labor certification application for the 7th year extension? Thanks.
 
You seem confused.
LCA and permanent labor certificate are two separate matters.
LCA describes current H1 job and H1 petition is ALWAYS attached to LCA. Perm labor cert is for future job and not directly linked to H1 petition, however, to get 7th year H1, you need to have 365days old perm labor cert.

I thought LCA has valid period and I believe if your current LCA is expired, you should file it again.
 
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Thanks for the clarification. I will be doing the I-539 for my wife's H4 extension at the same time. I have a question about item Part 4 3b. Has an immigrant petition ever been filed for you? I have included my wife's name in I-140. Is 140 regarded as immigrant petion? Thanks.
 
I-140 is regarded as an immigrant petition - once filed the answer should be 'yes'. However, this is filed on your behalf only.
 
Thanks manwithnoname. How do you answer Part4 3a- Are you, or any other person included on the application, an applicant for an immigrant visa? Will this be Yes or No because I have mentioned my wife's name in 140? Thanks.
 
It should be only you - an I-140 cannot be filed for dependents. So my take on the answer to the question in form I-539 (for dependents) would be 'no'.
 
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