labornc said:One of my friend's lawyer say that it's possible to file for I-140 if labor is pending for more than 1 year. Does anyone know if that's true ?
Thanks,
labornc
NO, It is not true. You have to have LCA approved before you can file for I-140. The only thing that is possible is you can keep extending your H-1B if your LCA is pending over 365 days and you are nearing your 6 years term completion.
I am telling this because, I have gone thru this. My attorney told me that filing I-140 with LCA pending (no matter how long its been pending), is NOT an option.
Hope this helps.
mhsoor