can 7th yr- extension filed on pre-approved labor?

[nanubaku]

Hi,

my 6 years h-1 expires on 26th oct. I was hoping to get 7th yr extension based on my labor filed from Delaware on 22th oct. unfortunately, my employer withdraw all cases from Delaware for some reason. now only two months left on my H-1.
The only option I have now is to go for approved labor with some other company. my question is if I get some approved labor and they file my I-140 and 485, can they file my H-1 extension for 7th year based on that labor?

Thanks in advance.
Neha

 

[ginnu]

Hi,

my 6 years h-1 expires on 26th oct.
I was hoping to get 7th yr extension based on my labor filed from Delaware on 22th oct. unfortunately, my employer withdraw all cases from Delaware for some reason.
---- if the LC for you is withdrawan by employer you dont have base to get 7th year H1 based on LC pending more than 365 days
now only two months left on my H-1.
The only option I have now is to go for approved labor with some other company. my question is if I get some approved labor and they file my I-140 and 485, can they file my H-1 extension for 7th year based on that labor?
------- what you should do is file the I-140 I-485, EAD AP with labor substitution, once you get I-140 filing or I-485 filing reciept then file 7th year H1 based on pending I-84 or or I-140, in this scenrio if the I-140 gets rejected your 7th year H1 if approved will be valid, you need good lawyer and should find approved LC and file I-140 I-485 ASAP
Thanks in advance.
Neha

 

[nanubaku]

Thanks for prompt response.

I'm speaking with one compnay having approved labor. but his attorney saying since its not my labor and I'm substituting for someone I can not get 7th year extension based on that. I can only work bases on EAD and I might need to go to vacation. any remedy?

Thanks.

 

[ginnu]

Thanks for prompt response.

I'm speaking with one compnay having approved labor.

--- first you need to check that LC if you are qualified to use that LC becase you need to have same edication, exp, skills BEFORE the date that LC was filed
but his attorney saying since its not my labor and I'm substituting for someone I can not get 7th year extension based on that.
---- who said that you can get 7th year h1 based on that???? I told you to file I-140 I-485 based on this LC or labour substitution, once you get I-140 filing reciept or I-485 filing reciept then only you can get 7th year H1 based on pending I-140 or I-485, does you lawyer gives you in writing that you will get EAD??? who knows I-140 may be got denied and once I-140 gets denied EAD AP I-485 all get denied
I can only work bases on EAD and I might need to go to vacation. any remedy?

Thanks.