Gurus Urgent 7 the yr ext

[tuxedo]

Hi Ginnu, other Gurus Please help me.
I have a pending employment based 485 applied in march 2004 by using Sub. Labor and My 140 got approved(applied in dec 2003).I have been working on H1B and my 6 year H1B is going to expire in April 2005.My companies Immigration dept is saying that i am not eligible to apply my 7th year extension as
neither my 140 or labor is not been pending for 365 as my 140 is already approved.
I told them that we can submit my 140 approval and 485 receipt notice(which is been pending for more than 485 days) and they are saying no sections in the law are allowed to do that and asking me to
let them know the sections which allow them to apply my 7 year extension.

Gurus is this true.any body have any ideas about the sections to do this.

I really appreciate your help.thanks in advance.

 

[tuxedo]

Ginnu,Realcanadian and all gurus please help

Gurus, Please help me.
What my company immigration dept is saying true?

Thanks for your help

 

[hathwar]

The mere pending 485 can be used as a basis for the extension. As long as your Labor/140 is pending for more than 365 days or a pending I-485 is good enough to extend the H1-B in 1 year increments. Why dont you ask your attorney regarding this? I dont know the sections in the INA law, I think it is in regards to AC21 law.


HTH

 

[tuxedo]

Thanks

My Companys attorney saying its not possible at all.
Because neither 140 nor labor is pending and for approved 140 and pending 485 its not possible for 7th yr extension. is this true.
My 140 is been approved. and 485 is been pending from march 2004.
H1B 6 years expiring in april 2005.