H-1 approval for 3 year extension eventhough I-140 is pending

G

gc_processing

Registered Users (C)
I have a strange situation. I am in the process of getting my Green Card. LC cleared, filed I-140 in apr 07, filed I-485, AP, EAC in july 07. Also my 6th year h-1b expired in oct 07 so filed 7th in august 07. Now my laywer filed I-129 in which he mentioned about the intended job period for 3 years starting from Oct 07 to Oct 10 and even though my I-140 is still pending, surprisingly my h-1 extension is approved for 3 year.

questions.

Does it mean that i will get 3 year visa stamp in my passport since approval notice is for 3 year period?

Does it mean that i do not have to go for yearly extension in Oct 08 since i have 3 year extension approval.

Does any one have similar situation

I went to canada for my last 2nd h-1 stamping and i am planning to go there again, does any one think that i will have any problem in getting stamp.

is there any implication of this in my green card process.

i appreciate your help

Thanks,
 
I think it's a mistake on CIS side.
The law is very clear on this regard that 3 years is granted only if I-140 was approved and PD was retrogressed.
My guess is CIS just glanced at the requested period on I-129 and approved it without looking into the details of I140 status.

I wouldn't worry too much at this moment, as you are still in the 7th year whcih is legally covered by LC, however, the question is what is going to happen with extra 2 years if I140 is still pending at that time. You should talk to lawyers.
 
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7th year HIB extension

gc processing,

Do you have a sample letter for 7th year extension? My 140 may come at the same time my H1 expires. I have not filed I-485 since PD is not current. So I am planning to ask for 3 years straight. Thanks.
 
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