H1 expiring in August but have old I140

A

Ajay Verma

New Member
Hi

My 6 year period for H1 expires in August 2001. I have an approved i-140 from my previous employer with a priority date of April 98.
My new employer filed my labor in September 2000 ( so it will be 11 months from the filing of labor when the h1 expires) and its been
approved.
My lawyer says he will file i-140 which will probably be pending in July but I can get extension since my ID will be more than a
year old (since they can use the old priority date). I thought the date of the new labor (September 2000) would be considered for the
h1 extension but my lawyer says it will be April 98
Anyone with similar experience or any thoughts?
 
No Title

Ajay:

Did you get any further information on this issue? I will be in a
similar boat now. I am leaving my current employer in the I485
stage (PD 4/96), and joining another company. I will run into 6-yr
H1 problem with them. Can I renew H1 based upon old priority date?
Do I have to have an approved labor from the new employer to be
able to do that? I am also trying to find the answer from my attorney,
but if you have found out any more, please let me know.

Thanks.
 
No Title

well.. I\'m in the same boat... My attorney told me that I could use the old priority date, which is way over 365 days, as a basis for the 7th year extension. It does not matter whether the current I-140 or even the labor is approved or not.
 
No Title

Hi,

Can you guys comment on the reality of this situation.
Is it possible to use a priority date as the basis for an year extension after a 6 year limit

Thanks
Venu.
 
No Title

Hi,

I got my I140 approved from company " A " ( EB3 ). Company shut its doors for good . I joined company " B" , and my LCA is in process ( EB2 ) .I have only 5 more months before my six year limit. Can I reuse the priority date from my previous application ? Am I eligible for 7th year extension ?
 
No Title

Hi,
I will be same boat soon. I have priority date of Jan\' 97 from my previous employer. Can I use the priority date to get 7th year extension. If someone knows more information, please post.
 
No Title

Hi,

Does any one have some information about this using old 1-140 approved, to extend H1B beyond six years, please post here.

Thanks in advance
 
I think so.....

I\'m also in the same boat as you all. My lawyer says he should be able to get the 7th year extention with the old approved I-140. I keeping my fingures crossed on this & waiting to see if somebody actually recieved an extension on that basis.

Ram
 
No Title

Hi Priyaram,

Do you know when I can apply for extension for 7th year. I have H1-B valid till March 2002. When did you apply for extension. Please share any information you get.

Thanks in advance.
 
Any updates on this approach?

My lawyer is taking me through this same approach saying it is a possibility. He is using the priority date from the I140 approval from my previous employer which is in 1997 as the basis for the 365 day calculation for the 7th year extension. At the same time I filed for a new LCA last month with the new employer. Has anyone in this group gotten a response to this approach yet?

Thanks a lot.
 
You must log in or register to reply here.
Top