Approved LC and expired H1

[gogia]

Hi guru's

Q quick question herem which becomes more relevant in today's scenario of retrogressing priority dates..

IF my LC is approved and my Priority date is not current, and my 6 years are over, Can I still apply for 7th year extension...(since there is no condition like 'Pending LC for 365 days'?

Thanks

 

[bharatpremi]

HI,

I think answer is 'NO' for the situation what you described. But if you file I-140 'FIRST' in described situation and then go file for 7 yr. extension then you are fine.. But I am not lawyer or legal expert so wait for the response from any other more experienced members.

- Bharat Premi

 

[Critical25]

365 days rule is applicable only for pending LCs. Since you have approved LC you can apply for 6th year H1 with out any problems.