Eligibility of 7th Year Extention if Labor approved within

[seshu1973]

Hi
Right now i am on H1B visa and it is going to be expired by September 2004(6 years finishes) .Initially we applied I-140 on October 2003 for the consular processing but due to some Visa issues,we applied for the 1-485(EAD,AP..) after 6 months i.e we applied on April.Till now my 140 is not cleared.And today I got a mail saying that my EAD has been approved.
What my question is am i eligible for 7th year extension?
My Lawer says, as my Labor has been cleared with in 365 days,so i am not eligible for 7th year extension and i have to work on EAD and there is no other option .If that is the case then what about my I-140.
Through your forums i came to know that if you are not working with your current employer till the time of approval of I-140,it will be rejected....
What about my wife?can she start working with the EAD?
So what are the possibilities to get my 140 cleared and to be in status?

thanks

 

[waitin_toolong]

well your lawyer is mistaken,

you get 7th year extsion based on the following conditions

1. labor pending more than 365 days,
2. I-140 filed and pending.

So you are eligible for &th year extension. there was a memo last week for the same search for it.

 

[msatl]

H1B 7th year extension

Please read page 3 and 4 of http://www.shusterman.com/pdf/csc52604.pdf. When I asked about new H1 as 7th year extension for a new employer, my attorney in Atlanta said she did two such cases and she was successful in getting the new H1. At the same time she said it largely depends on the officer who is approving the case.

 

[ginnu]

Hi
Right now i am on H1B visa and it is going to be expired by September 2004(6 years finishes) .Initially we applied I-140 on October 2003 for the consular processing but due to some Visa issues,we applied for the 1-485(EAD,AP..) after 6 months i.e we applied on April.Till now my 140 is not cleared.And today I got a mail saying that my EAD has been approved.
What my question is am i eligible for 7th year extension?
---YES, based on pending I-485 or I-140, one can file 7th year H1 if LC is pending more than 365 days OR I-140 filed and Pending OR I-485 pendoing
My Lawer says, as my Labor has been cleared with in 365 days,so i am not eligible for 7th year extension and i have to work on EAD and there is no other option .
--- your lawyer Is BS ask him to file 7th year H1 extension based on pending I-485, if he does not know the basic regulations of 7th year H1 go to other lawyer, what kind of lawyer you hire?
ask your lawyer does he know about Yates Memo from INS??
***H1B Extensions Approvable until the LC or I-140 is Finally Denied

The Yates Memo requires the BCIS to approve the H1B one-year incremental extensions until a final decision is made to deny the labor certification or I-140 petition or to grant or deny the foreign national's application for an immigrant visa or adjustment of status. If a labor certification is denied, an appeal may be filed within 35 days of the decision. The Yates Memo provides that a decision that has been appealed will not be considered by the BCIS to be a final decision until a decision is issued on the appeal. Accordingly, a labor certification denial that has been appealed does not sever the H1B status holder's ability to obtain a one-year incremental extension of H1B status. This indeed is a favorable interpretation of the law since it would enable the H1B employee to keep extending H1B status while the appeal is pending.


If that is the case then what about my I-140.
Through your forums i came to know that if you are not working with your current employer till the time of approval of I-140,it will be rejected....
----- where do you read that? stop reading that crap, GC is for FUTURE permanent job, A can file your LC, I-140, I-485 even if you are NOT working with A

What about my wife?can she start working with the EAD?

-----She can use EAD for work but she will NOT be on H4 status the day she uses her EAD
So what are the possibilities to get my 140 cleared and to be in status?
*** you are in status, how one can give possibilities to get I-140 cleared? if LC is correct and I-140 is properly filed then it will get approved, if any RFE then employer or lawyer can reply back
------ just file 7th year H1 extension with the copy of pending I-485 filing reciept any time now( you can file H1 extension 6 months advance of your I-94 expiry) you can file your spouse H4 extension with your 7th year H1 she needs to use form I-539
thanks