[B]URGENT : Please Help Me, Iam in a desparate situation!![/B]

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Immi12345

Registered Users (C)
URGENT : Please Help Me, Iam in a desparate situation!!

Iam in 7th year H1 , will be expiring in mid Sep 2007, and applied I-140 & 485 concurrently on Aug 07,2007. Still waiting for I-140 receipt notice. My employer is saying if we receive receipt notice of I-140 then only they can apply for my 8th year H1 extension, is it true ?

Q1. My labor is filled 365 days before and approved, can't they apply H1 extension on that 365 days basis ?

Q2. Will I be out of status if we don't apply for H1 extension before exiration date and still did't receive I-140 receipt notice ? (being filed 485 AOS)

Q3. Can we apply H1 extension with FedEx receipt of concurrently filed I-140&485 ?

Q. Do I have to leave the country ? any advices/solutions please.

Your advices will be greately appreciated.
 
Hi
I dont think u have to wait for I140 receipt.U can go ahead and apply.Yes u need to apply before ur H1b exp else u will be out of status.


Immi12345 said:
URGENT : Please Help Me, Iam in a desparate situation!!

Iam in 7th year H1 , will be expiring in mid Sep 2007, and applied I-140 & 485 concurrently on Aug 07,2007. Still waiting for I-140 receipt notice. My employer is saying if we receive receipt notice of I-140 then only they can apply for my 8th year H1 extension, is it true ? .I think u can send ur fedex receipt for proof if they need talk to ur lawyer

Q1. My labor is filled 365 days before and approved, can't they apply H1 extension on that 365 days basis ?

Q2. Will I be out of status if we don't apply for H1 extension before exiration date and still did't receive I-140 receipt notice ? (being filed 485 AOS)

Q3. Can we apply H1 extension with FedEx receipt of concurrently filed I-140&485 ?

Q. Do I have to leave the country ? any advices/solutions please.

Your advices will be greately appreciated.
Click to expand...
 
Of course you can apply for H1-B extension without I-140 receipts. There is no connection between the two. I am on my 8th year H1-B extension and just filed for I-140 last week. For a 7th + year extentions the important thing is that your labor was in process for atleast the last 365 days.

Good luck,

Jawad
 
Thank you very much for your information, Jawad & sunny.

Jawad, here I have one question for you did you apply for your H1 8th years extension before your labour approved or after (in bitween 7/24/2007 -8/13/2007) ?

You mean Labour shouldn't be in pending process in order to get H1 8th year extension? please clarify.


My situation is Labour approved in jun 2007 and filed 140&485 concurrently on Aug 7th ,2007. And now I want to apply H1 8 year extension !!
 
Immi12345 said:
URGENT : Please Help Me, Iam in a desparate situation!!

Iam in 7th year H1 , will be expiring in mid Sep 2007, and applied I-140 & 485 concurrently on Aug 07,2007. Still waiting for I-140 receipt notice. My employer is saying if we receive receipt notice of I-140 then only they can apply for my 8th year H1 extension, is it true ?

Q1. My labor is filled 365 days before and approved, can't they apply H1 extension on that 365 days basis ?

Q2. Will I be out of status if we don't apply for H1 extension before exiration date and still did't receive I-140 receipt notice ? (being filed 485 AOS)

Q3. Can we apply H1 extension with FedEx receipt of concurrently filed I-140&485 ?

Q. Do I have to leave the country ? any advices/solutions please.

Your advices will be greately appreciated.
Click to expand...

You can apply for H1 extension beyond 6 years , provided your labor is still pending (meaning not yet approved) on 365 days+ basis. However, in your case your labor has been approved. You would hence need your I-485 receipt notice as the basis for your H1 extension . If your EB category is retrogressed at the time of application for extension, you can then apply for 3 year H1 extensions. Otherwise USCIS would allow you only 1 year incremental H1 extensions.

I am sure you would receive your 140/485 receipt notices before mid Sep.
 
A small (yet important) correction ... H-1B 3 years is available only after I-140 is approved and the candiate is ineligible (due to retrogression) to apply for adjustment of staus.
 
I have question on one of the statment made in one of the previous post.

"However, in your case your labor has been approved. You would hence need your I-485 receipt notice as the basis for your H1 extension . "


Question - If Labor is approved and I 140 & I 485 is still pending, then can one file for H1 B 7th year extension based on the I 140 & 485 receipt?
 
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