Eligible for 7th year...?

N

nkotb

New Member
Hi,

My 6-year H1B period ends in Jan2004. I have filed LC 6 months ago. So my GC Labor won't be pending for 365 days by the time my H1B expires. If my Labor gets approved before my H1 expires, is it sufficient to file for my 7th year extension with approved labor alone?....or do I have to file I-140 and then file for my 7th year extension with I-140 receipt notice?...What are my options?.....Please help.

Thanks in advance,
nktob
 
It does not matter wheter it is approved or pending. It all depends on whether 365 days have passed after filing the labor.
 
I guess

Once your labor is approved , you can file I140 and I485 (plus EAD and AP) then you'll be in status . The only issue might be that you cannot work till you get you EAD which you can get after 90 of waiting for it from your local BCIS place.
-jd
 
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