Can I get H1 extension ?

[Immi12345]

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.

 

[ginnu]

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)
--------------------- if you dont file H1 extension BEFORE I-94 expiry date then you will not be on H1 status, file the H1 Extension now and if in future they ask for I-140 filing reciept# or I-485 filing reciept # then you can reply them with I-140 or I-485 filing reciept as you may get I-485 filing reciept in 50-60 days, also can explain the situation on cover letter
Q3. Can we apply H1 extension with FedEx receipt of concurrently filed I-140&485 ?
-------------------------YES, write on cover letter that your I-485 was sent to USCIS service center on Date... your Name, DOB and I-140 was also filed for you with I-140 on date... your name, employer name. if your filing fee check of I-140 or I-485 is cashed then back side of the check is your Reciept # if you get that # write it on the cover letter.

Q. Do I have to leave the country ?
-----------------NO, you have I-485 pending
any advices/solutions please.

Your advices will be greately appreciated.

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