H-1B transfer and 7th year extension - RFE

L

lostdecade

Registered Users (C)
Hi,

I am currently in the process of transferring my H1B to company B, and they are applying for 7th year extension based on my *approved* LC

I just checked my status online and USCIS have sent a RFE, asking for the approved I-140 notice. I have never filed I-140, but I have an approved LC over 365 days old.

My lawyer is writing back to say they don't need an I-140 to file extension.

Just double checking, is this going to be okay?

Thanks!
 
It should be OK if you are asking one year extension, but please note that all the LC approved before July 2007 will be expired this January unless you file I-140 before that deadline.
 
My lawyer is saying its a first impression case.

I found this online, however..

"Eligibility for H1B Extension - Even if GC is Slow, Stalled, or Abandoned

©MurthyDotCom

The Memo makes it clear that the H1B extension should not be denied even if the labor certification has been approved and no I-140/I-485 has been filed. The Memo indicated there may be further guidance on this matter. The issue is whether an H1B extension can be obtained based on a labor certification that does not seem to be making progress toward a green card. That is, there are situations where the labor certification is approved, but the case does not move forward to the next stage for a number of reasons. For the time being, it is possible to continue to file an H1B extension based on an approved labor certification case that was filed at least 365 days earlier, without consideration of whether the case has moved forward in the green card process by the filing of the I-140 petition or the I-485 application to adjust status. "

So according to this memo from the USCIS, it seems you can file a 7th yr extension with just LC approval. I don't even know why there was a RFE, if this is the case.

Labor Certs expire Jan 14th (this friday). I am using premium processing, but I assume if this isn't adjudicated by the 14th, I am screwed.

Anyway, kinda worried :(
 
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