Concurrent I140/I485 filling

L

lonesome307

Registered Users (C)
Hi All,

Can someone please tell me as to what will happen to a person who runs out of his 7th year H-1B extension time while his labor certified and has pending I140 and I485 applications at the USCIS?

As far as I know, to renew ones H-1B visa, I140 has to be approved. But if I140 is not approved, then what is the status of such a person?

Please elaborate...
 
Not sure what do you mean when you say "runs out of his 7th year H1B extension time". If you did not file the H1b extesion on time then you are out of the H1B status. Did you apply EAD and got approval? You have to immediately switch to EAD.

To renew H1B status, you can use certified labor. You will get the 1 year extension. But if you have an approved I140 then you can file 3 year H1B extension (PD must not be current to get 3 years ext.)
 
akam25 said:
Not sure what do you mean when you say "runs out of his 7th year H1B extension time". If you did not file the H1b extesion on time then you are out of the H1B status. Did you apply EAD and got approval? You have to immediately switch to EAD.

To renew H1B status, you can use certified labor. You will get the 1 year extension. But if you have an approved I140 then you can file 3 year H1B extension (PD must not be current to get 3 years ext.)
Click to expand...

Well the only way one can get the H-1B extension beyond 6 years is by either having a pending labor certification for atleast 1 year or by having an approved I140. I am not sure how you are saying that one can get 1 year H-1B extension by just having an approved labor??
 
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