Can we file I-140 in sixth year of H1 visa?

F

fumablanc

Registered Users (C)
Hi

Can we file I140 file in sixth year?My company wants to file I-140 using pre-approved labour.

Can I file for H1 extensions if I-140 is filed in sixth year.

Thanks in advance
Murali
 
fumablanc said:
Hi

Can we file I140 file in sixth year?My company wants to file I-140 using pre-approved labour.

Can I file for H1 extensions if I-140 is filed in sixth year.

Thanks in advance
Murali
Click to expand...

What is the PD on the Labor being substituted?? and what category it belongs to?? EB2 or EB3??

Absolutely...go ahead and file I-140. You can file I-140 in 6th year of H1. If it is EB2 labor, file your 485 and EAD too. If its EB3 and you belong to a retrogressed country and your PD on the labor being substituted is later than March 2002, you cannot file 485 until that labor's PD becomes current.

In any case, you should be able to file a 7th year extension based on the PD of the labor being substituted (if it was approved more than a year ago).

Good Luck.
 
Hi H1BNeedGC

Thanks alot for your reply.

I am not sure whether the labor was filed in EB2/EB3 category.But that was filed in Feb 2000 and its current now.

Since its current now, regardless of the EB2/EB3 category we can file 140 as you said.

Thanks once again.

fumablanc
 
Ask your employer to file I-140 / I-485

fumablanc said:
Hi H1BNeedGC

Thanks alot for your reply.

I am not sure whether the labor was filed in EB2/EB3 category.But that was filed in Feb 2000 and its current now.

Since its current now, regardless of the EB2/EB3 category we can file 140 as you said.

Thanks once again.

fumablanc
Click to expand...

Ask your employer to file I-140 / I-485. This way you can work on EAD after you complete 6 years on H1 and your Employer need not apply for the 7th Year. Renewing EAD is less expensive than extending H1 It will be a win-win for both
 
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