Extension of H1B using substitute Labor

S

srinup

Registered Users (C)
Hi,
I have typical problem, Can someone please provide me the answers for the questions below.
I have 50 days left to complete my 6 years of H1B VISA. I applied my labor 6 months ago from Chicago. Currently, It is taking more than one year for approval of LC from Chicago.
Following are the two options that I have:
Option I
My company is expecting a LC at any time with same skills of mine; I am planning to use that LC as a substitute labor and planning to apply I140 & 485.
Here are my questions.
1) If I apply I140 & 485 Can I stay here legally after my H1B expiration (i.e., after 50 days).
2) If I use substitute labor and apply I140 & 485 can I extend my H1B for one more year?
Option II
A Boston based company has a LC approved with the same skills of mine and is willing to sponsor for the Green card
If I use pre-approved labor from Boston based company (not current employer) what are the answers for above questions.
Finally, I heard that the Boston & Newark INS offices let us apply for EAD personally. Is it true? If yes, what are the requirements?
Does anyone know when Chicago INS office is going to accept EAD applications personally?

Thanks,
srinu
 
I485/I140?EAD/AP can be filed at the same time. Only After 90 days of I485 Submission you will qualify for EAD/AP. Once you get EAD you can work and with AP you can leave US and return to US with having to have Visa. H1-b can not be extended after completion of 6th year unless you have applied for GC and it has been over 365 days and your application is still in process.

Disclaimer: I am a just a member of this forum. I encourage all to verify facts with an immigration lawyer before making any decision
 
Thanks for your replay IM_LC.
I need one more answer for my first question.
1) If I apply I140 & 485 Can I stay here legally after my H1B expiration (i.e., after 50 days).

Thanks
 
srinup said:
Thanks for your replay IM_LC.
I need one more answer for my first question.
1) If I apply I140 & 485 Can I stay here legally after my H1B expiration (i.e., after 50 days).

Thanks
Click to expand...

You are legal in this country once you get your I485 receipt...
 
IN_LC said:
I485/I140?EAD/AP can be filed at the same time. Only After 90 days of I485 Submission you will qualify for EAD/AP. Once you get EAD you can work and with AP you can leave US and return to US with having to have Visa. H1-b can not be extended after completion of 6th year unless you have applied for GC and it has been over 365 days and your application is still in process.

Disclaimer: I am a just a member of this forum. I encourage all to verify facts with an immigration lawyer before making any decision
Click to expand...

If the Labor you are going to use is one year old you will be eligible for seventh year extension after filing the I-140

Substitution Beneficiary Enjoys H1B Extension Benefit!

In a particularly liberal construction of the law, Mr. Yates indicates that, if a labor certification, previously approved for another "green card" candidate but unused for that candidate, is now being used to support an I-140 petition for an H1B status holder, the date of filing of the original labor certification may be used for that H1B nonimmigrant to file for one-year incremental H1B extensions, as long as additional proof is submitted that the person has a pending or approved I-140 based on that labor certification. Under this interpretation, therefore, a person who is using a substituted labor certification that was filed more than 365 days prior, but whose employer filed the I-140 petition for the H1B employee only two months before the six-year H1B window expired, is now eligible for the one-year incremental extensions.
Click to expand...
Ref http://www.murthy.com/news/UDh121st.html
 
Can I stay 45 more after completing my H1B quota for 6 years?

Hi,

I am expecting my labor approval in next month, but my H1B VISA is completing 6 Years on this month ending. My Lawyer says we can stay 45 more after completing the 6-year quota. My labor was applied on Jan' 2004.

Please give me what are the exact INS rules. Is that true, can I stay.

Thanks
srinup
 
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